R v O’Brien

[2024] NSWSC 384

Supreme Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v O’Brien [2024] NSWSC 384

Hearing dates:

4 April 2024

Date of orders:

4 April 2024

Decision date:

04 April 2024

Jurisdiction:

Common Law - Criminal

Before:

Garling J

Decision:

See [6]

Catchwords:

CRIMINAL PROCEDURE – Suppression and non-publication orders

Legislation Cited:

Law Enforcement (Controlled Operations) Act 1997 (NSW)

Court Suppression and Non-Publication Orders Act 2010 (NSW)

Cases Cited:

Not applicable

Texts Cited:

Not applicable

Category:

Procedural rulings

Parties:

Crown
Christopher O’Brien (Accused)

Representation:

Counsel:
K Jeffreys / L Goodwin (Crown)
T Edwards SC / P Lange (Accused)

Solicitors:
Solicitor for Public Prosecutions (Crown)
One Group Legal (Accused)

File Number(s):

2022/69345

Publication restriction:

See non-publication orders made by Garling J on 4 April 2024

EX TEMPORE JUDGMENT

1. The Crown moves by Notice of Motion filed 2 April 2024 for various non-publication orders with respect to the opening address, the evidence and submissions in these proceedings.

2. In support of that Notice of Motion, the Crown relies on the affidavit of Mr Jones affirmed on 2 April 2024.

3. Given that the accused Mr O'Brien will be tried for the same offence as a co-accused Mr Williams, but by separate trials, it is clearly in the interests of the administration of justice that the latter trial of Mr Williams will not be affected by any publicity arising from the first trial to take place being that of Mr O'Brien.

4. There is a significant overlap in the evidence between the two trials. At least one principal issue engaged in each trial is that of the identification of each accused as the persons responsible for the shooting of Mr Mejid Hamzy. There is a significant prospect that publicity in respect of the first trial to take place will come to the attention of potential jurors in the second trial to take place being that of Mr Williams.

5. In those circumstances, I am well satisfied that I should make the relevant orders sought by the Crown with some minor amendments.

6. I make the following orders:

1. Pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 and upon the grounds contained in s 8(1)(a) and s 8(1)(e) of that Act, order that there be no publication of any pre-trial proceedings, opening or closing addresses, evidence given, submissions made or the summing-up delivered to the jury in these proceedings.

2. Such order to remain in force until the conclusion of the trial of R v Bryce Williams (2022/00069385) in relation to the murder of Mejid Hamzy or further order of the court.

3. Such order is to apply throughout the Commonwealth of Australia.

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Amendments

24 April 2024 - Coversheet - corrected representation.

Decision last updated: 24 April 2024