R v Meegan

The case of R v Meegan involved the accused, Meegan, who applied for a non-publication order to prevent the publication of his name in relation to certain criminal charges. The matter was heard by the court which had to consider the principles of open justice and the circumstances under which such an order could be granted. The application for the non-publication order was made under section 111 of the Evidence (Miscellaneous Provisions) Act 1991 (ACT).

The legal issues before the court were whether the material identifying the accused had already been widely disseminated, whether the identity of those disseminating the material was known, the proximity of the trial, and the likelihood of irreparable damage to the accused’s ability to receive a fair trial. The court considered that the material identifying the accused had already been widely disseminated and the identity of those responsible for the dissemination was not known. Additionally, the trial was not imminent, and the likelihood of irreparable damage to the accused's ability to receive a fair trial was remote.

In light of these considerations, the court dismissed the application for a non-publication order. The court emphasised the importance of the principle of open justice and the circumstances necessary to grant such an order. The court held that the criteria for a non-publication order were not met in this case.

The final orders of the court were that the application for an order under section 111 of the Evidence (Miscellaneous Provisions) Act 1991 (ACT) that the name of the accused not be published be refused.