R v ES [2018] NSWSC 1720

R v ES [2018] NSWSC 1720

Because the victim was the offender's child and bore his surname, publication of the offender's identity risked undermining the prohibition on identifying the victim; at least until sentence, a non-publication order was appropriate as an aid to the administration of justice and to make compliance with that prohibition more certain.

Jurisdiction
Australia
Judgment Date
26 July 2018
Procedural Posture
Suppression and Non Publication Order Application in Criminal Proceedings / After Guilty Plea to Manslaughter and Before Proceedings on Sentence
Outcome
Non-publication order made until further order.
Legal Topics
["non Publication of Offender's Identity" "protection of Child Victim's Identity" 'administration of Justice' 'prisoner Safety']
['criminal Law' 'suppression and Non Publication'] ["non Publication of Offender's Identity" "protection of Child Victim's Identity" 'administration of Justice' 'prisoner Safety']

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Procedural Posture

Suppression and Non Publication Order Application in Criminal Proceedings / After Guilty Plea to Manslaughter and Before Proceedings on Sentence

Legal Issues

  1. 1 ["Whether the offender's name and identifying information should be suppressed or not published under s 8(1)(a) of the Court Suppression and Non-Publication Orders Act 2010 (NSW)." "Whether an order should be made to assist compliance with the prohibition on identifying the child victim under the Children's (Criminal Proceedings) Act 1987 (NSW)." "Whether concerns about the offender's safety in prison supported the making of a suppression or non-publication order."]

Ratio Decidendi

Because the victim was the offender's child and bore his surname, publication of the offender's identity risked undermining the prohibition on identifying the victim; at least until sentence, a non-publication order was appropriate as an aid to the administration of justice and to make compliance with that prohibition more certain.

Court Disposition

Non-publication order made until further order.

Orders

  • ['Pursuant to s 8(1)(a) of the Court Suppression and Non-Publication Orders Act 2010 (NSW), the name of and any identifying information about the offender not be published.' 'Until further order, the name of and any identifying information about the offender not be published.']