› Application by accused person for permanent or temporary stay of criminal proceedings
› Inherent power of the Court to ensure that its processes are not abused
› Significant pre-trial publicity
› Whether of such a nature as to prevent a fair trial
› Whether steps able to be taken by the trial judge in the conduct of the trial to relieve against its unfair consequences
Crime
› Accused facing trial for sexual intercourse without consent
› Significant pre-trial publicity and commentary including repeated discussion by the complainant of her allegation against the accused and public endorsement of her credibility and claimed status as a victim
› Whether possible to empanel an impartial jury
› Whether prejudice able to be addressed by directions by the trial judge
Practice and Procedure
› Application for take-down order and injunction to restrain “any media outlet” from publishing specified matter
› Whether necessary in the interests of ensuring a fair trial
Case Details
Citation[2022] ACTSC 92
CourtACTSC
JurisdictionAustralian Capital Territory
Decision Date29 April 2022
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