R v Fitzpatrick [2019] NSWSC 153

Supreme Court New South Wales

Medium Neutral Citation: R v Fitzpatrick [2019] NSWSC 153 Hearing dates: 14 February 2019 Date of orders: 14 February 2019 Decision date: 14 February 2019 Jurisdiction: Common Law Before: Campbell J Decision: (1) The application for a change of venue is refused; (2) The affidavits of Katrina Anne Bentley, Paul John Fitzpatrick, Loretta Genita Casaceli and Joseph Dalzell be referred to the Sheriff's officer responsible for court security with a view to that officer reporting back to me on the arrangements that can be made to ensure that there is no repeat of the incident which apparently occurred in and about the Bathurst Courthouse on 9 July 2018. I also request a report on what arrangements can be made at Bathurst to protect the jurors, once empanelled, against interference from members of the public. (3) Under s 7 Court Suppression and Non-publication Orders Act 2010 NSW on the ground contained in s 8(1)(a), these reasons are for restricted publication only to the parties, their legal representatives and the Sherriff and her responsible officers until the return of the jury with their verdict. Catchwords: CRIMINAL LAW – change of venue application – principle that justice must not only be done, but must be seen to be done – serious indictable offence – whether danger to family members and legal practitioners exists – whether fair or unprejudiced trial can be had – held balance of convenience favours Bathurst location. Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW), ss 7, 8(1)(a) Criminal Procedure Act 1986 (NSW), s 30 Cases Cited: Gilbert v R (2000) 201 CLR 414; John Fairfax Publications v District Court of New South Wales (2004) 61 NSWLR 344; [2004] NSWCA 325; R v Turnbull (No 1) [2016] NSWSC 189 Category: Procedural and other rulings Parties: Regina (Crown) Paul John Fitzpatrick (Accused) Representation: Counsel: L. Lungo (Crown) P. Little (Accused)