R v Cowan

The case of R v Cowan involves a number of media organisations that sought permission to record audio and video of the sentencing remarks in a murder trial. The media organisations applied to the court for permission to record these remarks, which they intended to broadcast. The application was opposed by the Crown, on the basis that the recording of the proceedings would interfere with the administration of justice and infringe upon the privacy rights of the victims and their families.

The legal issues before the court included whether the media had a legitimate interest in recording the sentencing remarks and, if so, whether this interest outweighed the potential interference with the administration of justice and the privacy rights of victims and their families. The court had to consider the relevant statutory provisions, case law, and principles of natural justice in making its decision.

In dismissing the application, the court held that the media did not have a legitimate interest in recording the sentencing remarks that outweighed the potential interference with the administration of justice and the privacy rights of victims and their families. The court found that the recording of the proceedings could create a risk of bias or perceived bias and could also create a risk of interference with the due administration of justice. The court also found that the privacy rights of the victims and their families were paramount and that these rights were likely to be infringed by the recording of the proceedings. The court concluded that the application should be dismissed.