R v Simmons (No 9) [2015] NSWSC 718

Supreme Court New South Wales

Medium Neutral Citation: R v Simmons (No 9) [2015] NSWSC 718 Hearing dates: 9 June 2015 Date of orders: 09 June 2015 Decision date: 09 June 2015 Jurisdiction: Common Law Before: Hamill J Decision: 1. The two words following the words "he had been paid following the" to be redacted from paragraph [50] of the published version of the judgment known as R v Simmons (No 2) [2015] NSWSC 143. 2. The redaction made to paragraph 17 of the judgment known as R v Simmons (No 8) [2015] NSWSC 627 will remain in place. 3. The non-publication orders made in R v Simmons (No 5) [2015] NSWSC 333 are confirmed. 4. Pursuant to s 9(4) of the Court Suppression and Non-Publication Orders Act 2010, the following further exceptions will apply to order number 9 made on 2 April 2015: (a) The judgment known as R v Simmons (No 7) [2015] NSWSC 574, may be published as a restricted judgment by the Judicial Information Research System in the form approved by this Court and may be accessed for use in legal proceedings by members of the judiciary, their staff and legal practitioners in accordance with the protocols established by the Judicial Commission of New South Wales. (b) The judgment known as R v Simmons (No 7) [2015] NSWSC 574, may be published in a redacted form as approved by this Court. 5. The original unredacted judgment known as R v Simmons (No 7) [2015] NSWSC 574, is to be kept on the court file in a sealed envelope marked "not to be opened except by order of a judge of this Court or a higher court". Catchwords: Non-publication orders – suppression orders – redaction of Judgment Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 Law Enforcement and National Security (Assumed Identities) Act 2010 Cases Cited: R v Simmons (No 2) [2015] NSWSC 143 R v Simmons (No 5) [2015] NSWSC 333 R v Simmons (No 7) [2015] NSW SC 574 R v Simmons (No 8) [2015] NSWSC 627 Category: Procedural and other rulings Parties: Crown Tony James Simmons (Prisoner) Representation: Counsel: Crown: Mr R Bhalla Solicitors: Ms E Graham for the NSW Commissioner of Police File Number(s): 2013/00015065 Publication restriction: This judgment is redacted in accordance with non-publication orders made in R v Simmons (No 9) [2015] NSWSC 718. An un-redacted version is available to judicial officers, their staff and legal practitioners as a restricted judgment on the Judicial Information Research System (JIRS).