R v Thomas Sam; R v Manju Sam (No. 1) [2009] NSWSC 542

R v Thomas Sam; R v Manju Sam (No. 1) [2009] NSWSC 542

The public interest in open justice outweighs the presumption against publication where the child victim is deceased, so the Court consents to publication of the child's name during the trial under s.11 Children (Criminal Proceedings) Act 1987.

Jurisdiction
Australia
Judgment Date
04 May 2009
Procedural Posture
Criminal / Pre Trial Application Regarding Non Publication Order
Outcome
Order permitting publication of the name of the child is made; application by Accused for non-publication order is declined.
Legal Topics
['manslaughter by Criminal Negligence' 'non Publication Order' 'open Justice' 'statutory Prohibition of Publication']
['criminal Law' 'children Law' 'procedure'] ['manslaughter by Criminal Negligence' 'non Publication Order' 'open Justice' 'statutory Prohibition of Publication']

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Procedural Posture

Criminal / Pre Trial Application Regarding Non Publication Order

Legal Issues

  1. 1 ['Whether to permit publication of the name of a deceased child victim under s.11 Children (Criminal Proceedings) Act 1987' 'Whether to make a non-publication order as sought by the accused']

Ratio Decidendi

The public interest in open justice outweighs the presumption against publication where the child victim is deceased, so the Court consents to publication of the child's name during the trial under s.11 Children (Criminal Proceedings) Act 1987.

Court Disposition

Order permitting publication of the name of the child is made; application by Accused for non-publication order is declined.

Orders

  • ['Order made under s.11 Children (Criminal Proceedings) Act 1987 permitting publication of the name of the child, Gloria Mary Thomas.' 'Application by Accused for a non-publication order declined.']