Gargiulo v The King

[2025] NSWSC 1037

Supreme Court

New South Wales

Medium Neutral Citation:	Gargiulo v R [2025] NSWSC 1037
Hearing dates:	14 August 2025
Date of orders:	14 August 2025
Decision date:	14 August 2025
Jurisdiction:	Common Law - Criminal
Before:	Garling J
Decision:	Order that there be no third-party access to items 2 to 13 inclusive as described in the index of Exhibit 1 or to paragraphs 9-16 of item 14 without further order of a Judge of the Court and without the parties first being provided with seven days’ notice of the third-party access request.
Catchwords:	CRIMINAL PROCEDURE – Suppression and non-publication orders – Grounds – Grounds in s 8 not made out – Application for order made in the inherent jurisdiction of the Court – Specific material deemed to be of no public interest – Application successful – Third-party access prohibited without further order or application
Legislation Cited:	Court Suppression and Non-Publication Orders Act 2010 (NSW) s 8
Cases Cited:	Not Applicable
Texts Cited:	Not Applicable
Category:	Procedural rulings
Parties:	Rita Gargiulo (Applicant) Crown
Representation:	Counsel: A Chhabra (Applicant) R Moss (Crown) Solicitors: Marsdens Law Group (Applicant) ODPP (Crown)
File Number(s):	2025/96041
Publication restriction:	Not applicable

EX TEMPORE JUDGMENT

1. Application is made for an order pursuant to the Court Suppression and Non‑Publication Orders Act 2010 for material provided in the course of this application to be restricted from publication or else in some way suppressed. In the alternative, an order is sought that third party access to part of the contents of Exhibit 1, kept in the Court file, be refused.

2. There is no evidence before me at the moment which would be a sufficient basis for an order under the Court Suppression and Non-Publication Orders Act. In particular, that Act requires that the necessity for an order on one of the grounds set out in s 8 is made out. That necessity has not been clearly established.

3. The second basis for an order is the inherent jurisdiction of the Court. That basis is not one depending upon statute or the specific provisions of a statute.

4. Included in the material, Exhibit 1, is significant evidentiary material setting out matters relating to the background of the applicant, her now dissolved marriage, her medical records and the medical and other records of one of her children. In my view, the reasons that I have given for the grant of conditional bail in this matter contain within them more than sufficient material to give the public an understanding of the basis upon which conditional bail has been granted.

5. The details of the material relating to the applicant's physical and mental health issues, the details of her now terminated marriage and those details involving the personalities and dependence of her children upon her are of no public interest and, in my view, third parties have no entitlement or interest in accessing those details.

6. Accordingly, I order that there be no third-party access to Items 2-13 inclusive as described in the index of Exhibit 1, or to paragraphs 9-16 of Item 14 without further order of a Judge of the Court, and without first providing notice to the parties that such application has been made.

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Decision last updated: 10 September 2025