R v JM (No 2) [2024] NSWSC 771

R v JM (No 2) [2024] NSWSC 771

The court is bound by GBB v R, which held that s 10 applies only when the accused is a child at the time of proceedings. Since JM is now an adult, s 10 is not engaged, and the court will not be closed.

Jurisdiction
Australia
Judgment Date
20 May 2024
Procedural Posture
Criminal / Procedural Ruling Before Trial Commencement
Outcome
Court will not be closed. Proceedings to be held in open court.
Legal Topics
['murder' 'wounding With Intent to Cause Grievous Bodily Harm' 'closed Court Proceedings' 'children (criminal Proceedings) Act 1987 (nsw)']
['criminal Law'] ['murder' 'wounding With Intent to Cause Grievous Bodily Harm' 'closed Court Proceedings' 'children (criminal Proceedings) Act 1987 (nsw)']

Case Brief

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Procedural Posture

Criminal / Procedural Ruling Before Trial Commencement

Legal Issues

  1. 1 ['Whether s 10 of the Children (Criminal Proceedings) Act 1987 (NSW) requires the Court to be closed when accused was a child at the time of offence but is now an adult']

Ratio Decidendi

The court is bound by GBB v R, which held that s 10 applies only when the accused is a child at the time of proceedings. Since JM is now an adult, s 10 is not engaged, and the court will not be closed.

Court Disposition

Court will not be closed. Proceedings to be held in open court.

Orders

  • ['Court will not be closed.']