R v LMW [1999] NSWSC 1111

R v LMW [1999] NSWSC 1111

Exceptional circumstances warranting the exclusion of the media from the courtroom during the child's evidence have not been established on the evidence before the Court. Protective orders already in place sufficiently safeguard the child witness' identity and wellbeing, and further exclusion is unjustified.

Parties
Accused: LMW; Crown: Regina; Media Opponent: Nine Network Limited; Media Opponent: Seven Network Limited; Media Opponent: Australian Broadcasting Corporation
Jurisdiction
Australia
Judgment Date
17 November 1999
Procedural Posture
Criminal / Interlocutory Application on Evidentiary Procedure
Outcome
Application refused
Legal Topics
Open Justice, Child Witness Protection, Exclusion of Media, Courtroom Procedure
Criminal Law Media Law Child Witness Protection Open Justice Exclusion of Media Courtroom Procedure

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Parties

LMW

Accused

Regina

Crown

Nine Network Limited

Media Opponent

Seven Network Limited

Media Opponent

Australian Broadcasting Corporation

Media Opponent

Procedural Posture

Criminal / Interlocutory Application on Evidentiary Procedure

Legal Issues

  1. 1 Whether the media should be excluded from the courtroom during the evidence of a child witness.
  2. 2 Whether exceptional circumstances warrant an order for evidence to be given in a closed court.

Ratio Decidendi

Exceptional circumstances warranting the exclusion of the media from the courtroom during the child's evidence have not been established on the evidence before the Court. Protective orders already in place sufficiently safeguard the child witness' identity and wellbeing, and further exclusion is unjustified.

Court Disposition

Application refused

Orders

  • Orders previously made under ss 10 and 11 of the Children's (Criminal Proceedings) Act 1987 remain in force prohibiting publication or broadcast of the child's identity or identifying material.