R v Warwick (No.18) [2018] NSWSC 659

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.18) [2018] NSWSC 659 Hearing dates: 8 May 2018 Date of orders: 08 May 2018 Decision date: 08 May 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: (1) Order until further order, that there be no publication of any information tending to reveal that Mr Robert Barnes: (a) was in any way involved in the investigation of the murder of Colin Stanley Winchester; or (b) gave evidence in the trial in 1995 of David Harold Eastman; or (c) gave evidence to the Board of Inquiry constituted by Acting Justice Martin into the conviction of David Harold Eastman for the murder of Colin Stanley Winchester. (2) Order that this non-publication order is to apply throughout Commonwealth of Australia. Catchwords: CRIMINAL PROCEDURE – application for non-publication order pursuant to Court Suppression and Non-publication Orders Act 2010– application made by prosecution in another Australian jurisdiction – where non-publication order is necessary to prevent prejudice to the proper administration of justice in a separate trial – consideration of the principle of open justice – no prejudice to accused in conducting his defence – non-publication order made Legislation Cited: Court Suppression and Non-publication Orders Act 2010 Cases Cited: Eastman v Director of Public Prosecutions (No 2) [2014] ACTSCFC 2; (2014) 9 ACTLR 178 Fairfax Digital Australia and New Zealand Pty Limited v Ibrahim [2012] NSWCCA 125; (2012) 83 NSWLR 52 Hogan v Australian Crime Commission [2010] HCA 21; (2010) 240 CLR 651 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 R Conolly (Accused) M Thangaraj SC (ACT DPP)