R v Papley (No 2) [2017] NSWSC 1112

R v Papley (No 2) [2017] NSWSC 1112

The Court consented to the deceased child being publicly known by her middle name, Astra, in recognition of public interest in according dignity and respect, and because it would not risk the identification of her siblings or other family members.

Parties
Prosecution: Regina; Accused: Karen Papley
Jurisdiction
Australia
Judgment Date
18 August 2017
Procedural Posture
Criminal / Interlocutory Application Regarding Publication of Child's Name
Outcome
Consent granted for the deceased child to be identified by her middle name only
Legal Topics
Identity Protection of Children, Publication of Names in Criminal Proceedings
Criminal Law Practice and Procedure Identity Protection of Children Publication of Names in Criminal Proceedings

Case Brief

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Parties

Regina

Prosecution

Karen Papley

Accused

Procedural Posture

Criminal / Interlocutory Application Regarding Publication of Child's Name

Legal Issues

  1. 1 Whether the deceased child's name can be published under an exception in the Children (Criminal Proceedings) Act 1987 (NSW)

Ratio Decidendi

The Court consented to the deceased child being publicly known by her middle name, Astra, in recognition of public interest in according dignity and respect, and because it would not risk the identification of her siblings or other family members.

Court Disposition

Consent granted for the deceased child to be identified by her middle name only

Orders

  • Pursuant to s 15E(5), consent given for the alleged victim to be publicly known by her middle name, Astra.