R v Warwick (No.7) [2018] NSWSC 236

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.7) [2018] NSWSC 236 Hearing dates: 1 March 2018 Date of orders: 01 March 2018 Decision date: 01 March 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: (1) An order until further order pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 that the names of the family members of the accused who provide material in support of the accused's release application, including the fiancé of the accused's daughter, be suppressed; and that any information tending to reveal the identity of any such person is prohibited from publication or other disclosure on the grounds that this order is necessary to protect the safety of the persons identified and, further, that the order is necessary to prevent prejudice to the proper administration of justice. (2) Note that for more abundant caution the names of the family of the accused to which the order I have just made applies to those set out in Order 2 of the Notice of Motion of the accused dated 23 February 2018 and filed in court today. (3) Grant the parties liberty to apply with respect to these orders. (4) Order that the suppression order pursuant to s 7 operates until further order of the Court or seven days after conclusion of the accused's trial, whichever is the earlier. (5) Order that the suppression order applies throughout the Commonwealth of Australia. Catchwords: CRIMINAL PROCEDURE – application for suppression and non-publication order – application for release on bail before trial on serious indictable offences – Court Suppression and Non-publication Orders Act 2010 ss 7 and 8 – prejudice to the accused – safety of family members of the accused – principle of open justice – limited suppression order made Legislation Cited: Bail Act 2013 Court Suppression and Non-publication Orders Act 2010 Cases Cited: Fairfax Digital Australia and New Zealand Pty Limited v Ibrahim [2012] NSWCCA 125; (2012) 83 NSWLR 52 Rinehart v Welker [2011] NSWCA 403; (2011) 93 NSWLR 311 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: The Crown Leonard John Warwick (Accused) Representation: Counsel: K McKay / G Christofi (Crown) A Conolly (Sol) / E Ramsay (Sol) (Accused)