R v Droudis (No. 1) [2016] NSWSC 1975

R v Droudis (No. 1) [2016] NSWSC 1975

Publication of the name or photograph of the deceased, [AA], would tend to identify her two children, [BB] and [CC], because their shared distinctive and unusual surnames and the specific facts of the case create a likely link in the minds of people acquainted with the children. Therefore, such publication would breach s.15A Children (Criminal Proceedings) Act 1987. The statutory prohibition is self-executing and does not require a separate court order, though court guidance as to the effect and practical operation of s.15A is proper in the circumstances.

Parties
Prosecutor: Regina (Crown); Accused: Amirah Droudis; Media: Nationwide News Pty Limited and other media interests; Intervenor: [EE] and [FF] (maternal grandparents/guardians of [BB] and [CC])
Jurisdiction
Australia
Judgment Date
10 August 2016
Procedural Posture
Criminal / Pre Trial/interlocutory Application
Outcome
Orders made and clarified regarding non-publication: the order relating to the three children is revoked, but the order concerning the maternal grandparents continues; court formally notes that publication of the deceased's name or photograph would breach s.15A.
Legal Topics
Non Publication Orders, Suppression of Names, Children in Criminal Proceedings, Interpretation of S.15 a Children (criminal Proceedings) Act 1987
Criminal Law Procedure Non Publication Orders Suppression of Names Children in Criminal Proceedings Interpretation of S.15 a Children (criminal Proceedings) Act 1987

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Parties

Regina (Crown)

Prosecutor

Amirah Droudis

Accused

Nationwide News Pty Limited and other media interests

Media

[EE] and [FF] (maternal grandparents/guardians of [BB] and [CC])

Intervenor

Procedural Posture

Criminal / Pre Trial/interlocutory Application

Legal Issues

  1. 1 Whether publication of the name or photograph of the deceased would tend to identify her children, contrary to s.15A Children (Criminal Proceedings) Act 1987
  2. 2 Appropriate use and continuation or revocation of non-publication orders under the Court Suppression and Non-publication Orders Act 2010

Ratio Decidendi

Publication of the name or photograph of the deceased, [AA], would tend to identify her two children, [BB] and [CC], because their shared distinctive and unusual surnames and the specific facts of the case create a likely link in the minds of people acquainted with the children. Therefore, such publication would breach s.15A Children (Criminal Proceedings) Act 1987. The statutory prohibition is self-executing and does not require a separate court order, though court guidance as to the effect and practical operation of s.15A is proper in the circumstances.

Court Disposition

Orders made and clarified regarding non-publication: the order relating to the three children is revoked, but the order concerning the maternal grandparents continues; court formally notes that publication of the deceased's name or photograph would breach s.15A.

Orders

  • For the purpose of s.15A Children (Criminal Proceedings) Act 1987, publication of the name or photograph of the deceased, [AA], would tend to identify her two children, [BB] and [CC].
  • The non-publication order made on 8 August 2016 regarding [EE] and [FF] continues until further order.