R v Hudson

[2008] VSC 463

IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

CRIMINAL DIVISION

No. 1690 of 2008

THE QUEEN
v
CHRISTOPHER WAYNE HUDSON	Accused

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JUDGE:	COGHLAN J
WHERE HELD:	Melbourne
DATE OF HEARING:	22 September 2008
DATE OF RULING:	22 September 2008
CASE MAY BE CITED AS:	R v Hudson
MEDIUM NEUTRAL CITATION:	[2008] VSC 463

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Criminal Law – Application by media for access to CCTV footage – Balance public interest  against the recovery of the victim - Application refused.

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APPEARANCES:	Counsel	Solicitors
Crown	Mr R, Elston SC	Office of Public Prosecutions
Accused	Mr P. Priest QC with Mr T. Kassimatis	Theo Magazis & Associates
Herald and Weekly Times, Nationwide News and Channel 7 and Channel 9	Mr J. Quill
Channel 10	Ms I. Lueckenhausen

HIS HONOUR:

1. Application is made before me for release of a compilation DVD of a number of images taken on CCTV about some of the events I am about to refer to in sentence.  In making the ruling I am about to make, I am conscious of the public's right to know and to understand the material that judges advert to in forming the sentences which they pass.  That, however, has to be balanced against a number of other competing considerations.

1. The DVD referred to was prepared to show the movement of the accused and some aspects of his offending.  It is, as I have already indicated, a compilation.  It shows all of the circumstances of Count 2, which happens to be the second of two attacks made on Ms Daly-Holt.  That part of it is graphic and brutal, and demonstrates appalling conduct.  Mr Quill and Ms Lueckenhausen do not seek to have that material released for the purpose of it being shown.  There is, however, at another place on the DVD which I will refer to in my reasons, a further assault of Ms Daly-Holt and some other behaviour by her of which she would not be particularly proud and which she would not want to be seen in the public arena, and I understand the concern that she has expressed to the Crown about that.

1. If all those matters were removed from the tape, there is nothing really of public interest left.  The only matter of public interest that would be left is some movements shown by the accused on some other videos on buildings and so on which showed some aspects of his flight, but they are in a form that really is of little public interest.

1. One of the matters about the view of Ms Daly-Holt is this.  She is, when it is all said and done, a victim of these events.  Her ability to recover cannot be assisted by the public playing of this DVD.  I would without qualification accept any undertaking given to me on behalf of the media.  However, there is the simple difficulty that once these matters get into the public arena, they do seem to do so in a very public way.  I should point out that although the DVD was tendered on the plea, it was never played in court.  I decline to release it or any part of it.  I do not regard it as being in the public interest to do so.  At the conclusion of the sentence I am about to pass, in accordance with the ordinary practice it will be returned to the Crown, as will all other exhibits which have been tendered and they will be returned to the parties who tendered them.  I move on to sentence.