Citation: R v Cliff (No 4) [2018] NSWSC 165
Court: Supreme Court of New South Wales
Date: 16 February 2018
Judge(s): Campbell J
Background
This decision arose during a criminal trial in the Supreme Court. A media organisation applied for access to a video exhibit (referred to as Exhibit X1) that had been tendered in evidence during the proceedings.
The exhibit consisted of footage, apparently from a taxi camera, capturing events relevant to the trial. One portion of the footage showed the exterior of a residential property in Wollongong, visible from a camera positioned on the nearside of the taxi.
The application required Campbell J to weigh the media's general entitlement to access tendered exhibits against any competing interests, including the safety of people connected to the residential premises shown in the footage.
Legal Issues
- Whether the media was entitled to access Exhibit X1, a video exhibit tendered during the criminal trial
- Whether any part of that footage should be suppressed or restricted from broadcast, and on what grounds
Decision
Campbell J confirmed the general principle, which he had set out in an earlier judgment in the same proceedings, that the media is ordinarily entitled to access exhibits actually tendered in court, for the purpose of providing fair and accurate reporting of those proceedings.
The court acknowledged an argument that broadcasting video footage may serve more as illustrative "vision" for television or online news rather than constituting fair reporting in a strict sense. Nonetheless, Campbell J accepted that the media's role as an adjunct to the open justice principle was sufficient to justify granting access to the exhibit.
Access to Exhibit X1 was granted, subject to one significant qualification. The final portion of the footage, which showed the exterior of a residential property in Wollongong, was the subject of a suppression order. Campbell J made that order on the basis that publication of that footage could be necessary to withhold to protect the safety of the occupants of those premises.
Orders Made
- Access to Exhibit X1 granted to the media
- The final portion of Exhibit X1, showing the exterior of a residential property in Wollongong, must not be broadcast, pursuant to a suppression order made under s 7 of the Court Suppression and Non-Publication Act 2010 (NSW) on the ground in s 8(1)(c) (protection of personal safety)
Key Takeaways
- The Supreme Court affirmed that the media generally has an entitlement to access exhibits tendered in court proceedings, grounded in the open justice principle
- That entitlement is not absolute: the court retains power to restrict access or prohibit broadcast where a recognised statutory ground applies
- Under s 8(1)(c) of the Court Suppression and Non-Publication Act 2010 (NSW), a suppression order may be made where it is necessary to protect the safety of a person, including occupants of premises shown in tendered footage
- The media's role as a vehicle for public reporting of court proceedings was treated as a relevant consideration supporting access, even where footage might serve a partly illustrative rather than purely analytical purpose
- This decision is the fourth in a series of rulings on related issues in the same proceedings; the general principles governing media access to exhibits were established in the earlier judgments
Legislation and Cases Referenced
Legislation:
- Court Suppression and Non-Publication Act 2010 (NSW), ss 7, 8(1)(c)
Cases:
- No cases were cited in this decision. The principles applied were set out in Campbell J's earlier judgment in the same proceedings (R v Cliff (No 3)).