R v AA, AS, MH & OM [2009] NSWDC 40

R v AA, AS, MH & OM [2009] NSWDC 40

The court directed the exclusion of the media under s10(1)(b) of the Children (Criminal Proceedings) Act 1987 because the prior media coverage, though blurred, resulted in the identification of a juvenile offender, which compromised statutory objectives to protect the interests and anonymity of child defendants, particularly regarding their employment and home circumstances. The risk of further identification and harm by continued media presence outweighed the public interest in open justice, especially in light of the specific legislative scheme for proceedings involving juveniles.

Jurisdiction
Australia
Judgment Date
27 February 2009
Procedural Posture
Criminal / Pre Sentence; Interlocutory Application for Exclusion Order
Outcome
Application granted; media excluded from court under s10(1)(b) of the Children (Criminal Proceedings) Act 1987 until pronouncement of sentence, when access will be restored.
Legal Topics
['exclusion of the Media' 'protection of Juvenile Offenders' 'open Justice' 'identification by Media' 'suppression Orders']
['criminal Law' 'children Law'] ['exclusion of the Media' 'protection of Juvenile Offenders' 'open Justice' 'identification by Media' 'suppression Orders']

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Procedural Posture

Criminal / Pre Sentence; Interlocutory Application for Exclusion Order

Legal Issues

  1. 1 ['Whether the media should be excluded from court proceedings under s10(1)(b) of the Children (Criminal Proceedings) Act 1987 to protect the identity of juvenile offenders' "Whether the reporting of proceedings compromised the legislative objectives to protect young persons' identities"]

Ratio Decidendi

The court directed the exclusion of the media under s10(1)(b) of the Children (Criminal Proceedings) Act 1987 because the prior media coverage, though blurred, resulted in the identification of a juvenile offender, which compromised statutory objectives to protect the interests and anonymity of child defendants, particularly regarding their employment and home circumstances. The risk of further identification and harm by continued media presence outweighed the public interest in open justice, especially in light of the specific legislative scheme for proceedings involving juveniles.

Court Disposition

Application granted; media excluded from court under s10(1)(b) of the Children (Criminal Proceedings) Act 1987 until pronouncement of sentence, when access will be restored.

Orders

  • ['Any person engaged in preparing a report on the proceedings for dissemination through a public news medium is to leave the court.' 'The court will be re-opened to the media for the announcement of sentence.']