R v Coss (No 4)

[2022] NSWSC 794

Supreme Court

New South Wales

Medium Neutral Citation:

R v Coss (No 4) [2022] NSWSC 794

Hearing dates:

1 June 2022

Date of orders:

1 June 2022

Decision date:

01 June 2022

Jurisdiction:

Common Law - Criminal

Before:

Dhanji J

Decision:

(1)   There be no publication of the transcript of the proceedings in the matter of R v Coss for trial currently before me beyond the parties to the proceedings, the Commissioner, and their legal representatives for a period of seven days following the conclusion of the trial.

(2)   The Commissioner is granted leave to approach the associate to the trial judge to seek any redactions to the transcript of the proceedings no later than seven days following the conclusion of the trial.

(3)   Any confidential affidavit or submissions relied on by the Commissioner in these proceedings be returned to the Commissioner's legal representatives at the conclusion of the trial on the basis that the Crown solicitor will make such material available as required by this Court or any superior court.

Catchwords:

CRIMINAL PROCEDURE – trial – judge alone – murder – notice of motion – public interest immunity – non-publication order made restricting publication of transcript until seven days after conclusion of trial

Category:

Procedural rulings

Parties:

Regina (Crown)
Bruce Anthony Coss (Accused)

Representation:

Counsel:
L Shaw (Crown)
M P King (Accused)
A Rose (Commissioner of Police)

Solicitors:
Solicitor for Public Prosecutions (NSW) (Crown)
Legal Aid NSW (Accused)
Crown Solicitor’s Office (Commissioner of Police)

File Number(s):

2019/336236

Publication restriction:

Nil

EX TEMPORE Judgment (REVISED)

1. HIS HONOUR: In this matter, the Commissioner by notice of motion filed in Court on 24 May sought a number of orders. For reasons that I will not presently delve into, it was considered appropriate that at least part of the motion be referred to another judge for determination. That determination granting a suppression order in and of itself indicates that there are matters of some sensitivity in relation to which the Commissioner has concerns with respect to issues of public interest immunity. In those circumstances it seems appropriate to me that the prayers 8, 9, and 10 in the motion also be granted. I make the following orders:

1. There be no publication of the transcript of the proceedings in the matter of R v Coss for trial currently before me beyond the parties to the proceedings, the Commissioner, and their legal representatives for a period of seven days following the conclusion of the trial.

2. The Commissioner is granted leave to approach the associate to the trial judge to seek any redactions to the transcript of the proceedings no later than seven days following the conclusion of the trial.

3. Any confidential affidavit or submissions relied on by the Commissioner in these proceedings be returned to the Commissioner's legal representatives at the conclusion of the trial on the basis that the Crown solicitor will make such material available as required by this Court or any superior court.

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Decision last updated: 16 June 2022