R v Warwick (No.23) [2018] NSWSC 698

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.23) [2018] NSWSC 698 Hearing dates: 15 May 2018 Date of orders: 15 May 2018 Decision date: 15 May 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: Order 1 sought in the Accused's Notice of Motion filed 15 May 2018 is dismissed Catchwords: JUDGMENTS AND ORDERS — suppression and non-publication orders — application for non-publication order to prevent publication of Crown opening address in criminal trial — whether non-publication order is necessary to prevent prejudice to the proper administration of justice — whether order is necessary to protect the safety of the accused and his family — public interest in publication of criminal proceedings — open justice — no prejudice to proper administration of justice — no evidence of rational fear of risks to safety — application refused Legislation Cited: Court Suppression and Non-publication Orders Act 2010 Criminal Procedure Act 1986 Cases Cited: John Fairfax Publications Pty Limited v The District Court of New South Wales [2004] NSWCA 324; (2004) 61 NSWLR 344 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 / E Ramsay (Accused) D Sibtain (9 Network, ABC, Channel 7, Fairfax Media Ltd, Nationwide News Pty Ltd)

Solicitors: Director of Public Prosecutions (Crown) A R Conolly & Co (Accused) File Number(s): 2015/222068 Publication restriction: Not to be published until further order of the Court. Non publication order lifted on 14 February 2020.