R v James Ian Longworth (No 3) [2015] NSWDC 401

District Court New South Wales

Medium Neutral Citation: R v James Ian Longworth (No 3) [2015] NSWDC 401 Hearing dates: 7, 8 October 2015 Date of orders: 08 October 2015 Decision date: 08 October 2015 Jurisdiction: Criminal Before: Cogswell SC DCJ Decision: 1. Non-publication order prohibiting the publication of exhibit A in these proceedings and prohibiting the publication of the following items in exhibit B: behind the first tab coloured yellow, photographs 23, 24, 25, 26, 27 and 28; and behind the second tab coloured orange, photographs 21, 22, 23, 24, 25, and 26. 2. The non-publication order applies anywhere in the Commonwealth of Australia and operates until two hours has elapsed from the delivery of verdicts in this trial. 3. Order that any media organisations be granted access to the balance of exhibit B to exhibits C, D, E, F, 1 and 2. 4. In the event the non-publication order lapses because two hours has expired since the delivery of verdicts without any further order, access is granted to any media organisation to exhibit A and to those items in exhibit B which are the subject of the non-publication order. Catchwords: CRIMINAL LAW – application by news media organisations to access trial exhibits – CCTV footage of alleged offence – one punch offence – public interest in open justice – whether order necessary to prevent prejudice to the proper administration of justice – whether order necessary to protect the safety of any person – non-publication order

WORDS AND PHRASES – "necessary" Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 (NSW), ss 6, 8, 11 Cases Cited: Fairfax Digital Australia and New Zealand Pty Limited v Ibrahim [2012] NSWCCA 125; 83 NSWLR 52 Hogan v Hinch (2011) 85 ALJR 398 Category: Procedural and other rulings Parties: Regina (Crown) James Ian Longworth (Accused) Representation: Counsel: J Pickering SC (Crown) H Dhanji SC (Accused) T Maltz (Media organisations) D Jordan SC (Debra Longworth)