R v AA, AS, MH & OM [2009] NSWDC 25

R v AA, AS, MH & OM [2009] NSWDC 25

The media were excluded because, accepting for the purposes of the application that prior broadcasts had exposed the identity of a number of child offenders, further reporting of sentencing details, their roles in the offences and personal material had the potential to cause further damage and compromise the statutory objects of protecting child offenders and assisting their reintegration into the community.

Jurisdiction
Australia
Judgment Date
20 February 2009
Procedural Posture
Criminal Sentencing Proceedings Involving Child Offenders / Application Under S 10(1)(b) of the Children (criminal Proceedings) Act 1987 to Exclude Media From Part Heard Sentence Proceedings
Outcome
Application granted.
Legal Topics
['juvenile Offenders' 'aggravated Sexual Intercourse With a Child Between 10 and 14 Years' 'exclusion of Media From Court' 'identification of Child Offenders' 'open Justice and Protection of Children']
['criminal Law' "children's Criminal Proceedings" 'sentencing'] ['juvenile Offenders' 'aggravated Sexual Intercourse With a Child Between 10 and 14 Years' 'exclusion of Media From Court' 'identification of Child Offenders' 'open Justice and Protection of Children']

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Procedural Posture

Criminal Sentencing Proceedings Involving Child Offenders / Application Under S 10(1)(b) of the Children (criminal Proceedings) Act 1987 to Exclude Media From Part Heard Sentence Proceedings

Legal Issues

  1. 1 ['Whether the court should direct the exclusion of persons engaged in preparing reports for dissemination through public news media under s 10(1)(b) of the Children (Criminal Proceedings) Act 1987.' 'Whether alleged prior television identification of child offenders created a risk that continued reporting of sentencing details and personal material would damage their rehabilitation and reintegration.' 'How to balance the public interest in press coverage of court proceedings against the statutory policy of protecting children in criminal proceedings.']

Ratio Decidendi

The media were excluded because, accepting for the purposes of the application that prior broadcasts had exposed the identity of a number of child offenders, further reporting of sentencing details, their roles in the offences and personal material had the potential to cause further damage and compromise the statutory objects of protecting child offenders and assisting their reintegration into the community.

Court Disposition

Application granted.

Orders

  • ['Under s 10(1)(b) of the Children (Criminal Proceedings) Act 1987, all persons engaged in preparing reports on the proceedings for dissemination through public news media are excluded from the court.']