R v McNeil [2015] NSWSC 357

Supreme Court New South Wales

Medium Neutral Citation: R v McNeil [2015] NSWSC 357 Hearing dates: 30 March 2015 Decision date: 02 April 2015 Before: Johnson J Decision: (a) The Applicant's Notice of Motion filed 30 January 2015 is dismissed.

(b) An order is made that there be no publication of the listing of the Applicant's trial.

(c) An order is made that there be no publication of the name of the Applicant, with the trial of the Applicant to be described in any court list as "R v AA".

(d) Orders (b) and (c) above are to remain in force until such time as a different order is made by the trial Judge.

(e) An order is made that there be no publication of this judgment or of the evidence and submissions made on the application for Judge-alone trial, until such further order of the Court as may be made after completion of the trial. Catchwords: CRIMINAL LAW - application for judge-alone trial - applicable principles - interests of justice test - Applicant charged with murder and assault - whether adverse extensive media publicity will adversely affect Applicant's trial - some 14 months between end of extensive publicity and start of trial - steps available to guard against electronic accessing of previous adverse media publicity - role of intention and credibility issues in this case - application dismissed Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 Crimes Act 1900 Criminal Procedure Act 1986 Criminal Procedure Act 2004 (WA) Jury Act 1977 Courts and Crimes Legislation Further Amendment Bill 2010 Crimes Amendment (Intoxication) Bill 2014 Cases Cited: AK v Western Australia [2008] HCA 8; 232 CLR 438 Attorney General (NSW) v John Fairfax and Sons Limited (Court of Appeal, 21 April 1988, unreported, BC8802019) Attorney General (NSW) v John Fairfax and Sons Limited (Court of Appeal, 24 June 1988, unreported, BC8801793) Attorney-General (NSW) v John Fairfax and Sons Limited and Bacon (1985) 6 NSWLR 695 Attorney-General (NSW) v Willesee [1980] 2 NSWLR 143 Ex parte Bread Manufacturers Ltd; Re Truth and Sportsman Limited (1937) 37 SR NSW 242 Fairfax Digital Australia and New Zealand Pty Limited v Ibrahim [2012] NSWCCA 125; 83 NSWLR 52 Landsman v R [2014] NSWCCA 328 Montgomery v HM Advocate [2003] 1 AC 641 R v Abrahams [2013] NSWSC 729; 230 A Crim R 74 R v Belghar [2012] NSWCCA 86; 217 A Crim R 1 at 25 R v Coles (1993) 31 NSWLR 550 R v Dean [2013] NSWSC 661 R v Jamal [2008] NSWCCA 177; 72 NSWLR 258 R v K [2003] NSWCCA 406; 59 NSWLR 431 R v King [2013] NSWSC 448; 228 A Crim R 406 R v Perry (1993) 29 NSWLR 589 at 594 R v Simmons; R v Moore (No. 4) [2015] NSWSC 259 R v Stanley [2013] NSWCCA 124 R v Villalon [2013] NSWSC 1516