R v Thomas Sam; R v Manju Sam (No. 16)

The defendants, Thomas Sam and Manju Sam, were convicted of manslaughter by criminal negligence in relation to the death of their infant daughter. The case was heard in the Supreme Court of New South Wales. The parents had failed to seek appropriate medical assistance for their daughter, who subsequently died. The court was tasked with considering the admissibility of photographs of the child that were tendered as an exhibit during the trial, and the potential for their publication in the media following the convictions. The primary legal issue was whether the discretionary power of the court should permit the release of these photographs for publication or broadcast, and if so, under what conditions.

The court examined the discretionary considerations relevant to the open justice principle, which underpins the administration of justice in Australia. It considered the necessity of maintaining the dignity of the deceased victim and the potential impact of publication on the family. The court held that while the open justice principle is a fundamental tenet of the legal system, it must be balanced against the need to protect the dignity of the deceased and the privacy of the family. The court determined that the publication of certain photographs from the exhibit would be permissible, but only under strict conditions that would ensure the dignity of the deceased and the privacy of the family were protected.

In conclusion, the court found that the publication of certain photographs from the exhibit would be permissible, but only with specific restrictions to ensure the dignity of the deceased and the privacy of the family were upheld. The court issued orders permitting the publication of certain photographs, while prohibiting others. The decision highlighted the delicate balance between the open justice principle and the need to protect the dignity of the deceased and the privacy of the family. The court's ruling provided guidance on the discretionary considerations that must be taken into account when deciding whether to permit the publication of sensitive material in criminal cases.