AW v R [2016] NSWCCA 227

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: AW v R [2016] NSWCCA 227 Hearing dates: 23 September 2016 Decision date: 19 October 2016 Before: Payne JA at [1]; Campbell J at [60]; Wilson J at [64] Decision: (1) Order, pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), that no publication be made of the evidence and submissions in the Court of Criminal Appeal on 23 September 2016 or this judgment until the conclusion of the trial of AW in relation to alleged offences of aggravated sexual assault or aggravated indecent assault, or until further order.

(2) Order (1) above is to apply throughout the Commonwealth and is made on the basis of necessity to prevent prejudice to the proper administration of justice.

(3) Grant leave to appeal.

(4) Appeal dismissed. Catchwords: PRACTICE AND PROCEDURE – Court Suppression and Non-publication Orders Act 2010 (NSW) – application for take down order – applicant charged with sexual assault offences – applicant subsequently charged with separate sexual assault offences – online publications referring to second set of offences – accessible via search engine – application for removal of applicant's name from online publications during trial for first set of offences – whether order "necessary" to prevent prejudice to the proper administration of justice – whether risk that jurors would defy judicial directions by conducting investigations – whether orders futile or ineffective – effect on search engine results of removal of selected publications Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW) ss 3, 6, 7, 8, 14 Crimes Act 1900 (NSW) ss 61J, 61M Jury Act 1977 (NSW) s 68C Cases Cited: Fairfax Digital Australia and New Zealand Pty Ltd v Ibrahim (2012) 83 NSWLR 52; [2012] NSWCCA 125 Gilbert v The Queen (2000) 201 CLR 414; [2000] HCA 15 Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 Minister for Immigration and Citizenship v SZJSS (2010) 243 CLR 164; [2010] HCA 48 Nationwide News Pty Limited v Qaumi [2016] NSWCCA 97 R v Debs [2011] NSWSC 1248 R v Jamal (2008) 72 NSWLR 258; [2008] NSWCCA 177 R v Perish [2011] NSWSC 1102 Swift v SAS Trustee Corporation [2010] NSWCA 182 Texts Cited: Professor Jill Hunter, Jurors' Notions of Justice: An Empirical Study of Motivations to Investigate and Obedience to Judicial Direction (2013, Law and Justice Foundation of NSW) Category: Principal judgment Parties: AW (Applicant) Office of the Director of Public Prosecutions (First Respondent) Nationwide News Pty Ltd (Second Respondent) Australian Broadcasting Corporation (Third Respondent) Australian Associated Press (Fourth Respondent) Representation: Counsel: E Ozen / B Dean (Applicant) S Dowling SC (First Respondent) ATS Dawson / MJ Lewis (Second, Third and Fourth Respondents)