In the Application of S for a Suppression or Non-Publication Order [2013] NSWLC 1

In the Application of S for a Suppression or Non-Publication Order [2013] NSWLC 1

The applicant did not demonstrate that identifying him in the Local Court proceedings would identify him in the Children's Court matters if the ordinary Children's Court safeguards were applied. The Children's Court matters would not appear on a public list and would be dealt with in closed court, while the Local Court charges concerning him as an alleged adult offender were to be dealt with in open court. Embarrassment, publicity and local rumour were insufficient to show necessity under s 8 of the Court Suppression and Non-publication Orders Act 2010.

Jurisdiction
Australia
Judgment Date
15 February 2013
Procedural Posture
Criminal Proceedings; Application for Suppression Order or Non Publication Order / Interlocutory Application
Outcome
Application for suppression/non-publication order dismissed
Legal Topics
["publication of Defendant's Name" "statutory Prohibition on Identifying a Children's Court Defendant" 'necessity Under S 8 of the Court Suppression and Non Publication Orders Act 2010' "separate Conduct of Local Court and Children's Court Proceedings"]
['criminal Procedure' 'suppression and Non Publication Orders' 'open Justice' "children's Criminal Proceedings"] ["publication of Defendant's Name" "statutory Prohibition on Identifying a Children's Court Defendant" 'necessity Under S 8 of the Court Suppression and Non Publication Orders Act 2010' "separate Conduct of Local Court and Children's Court Proceedings"]

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Proceedings; Application for Suppression Order or Non Publication Order / Interlocutory Application

Legal Issues

  1. 1 ['Whether a suppression order or non-publication order should be made to prevent identification of the applicant as a defendant in Local Court proceedings.' "Whether publication of the applicant's name as a defendant in Local Court proceedings would identify him as a defendant in Children's Court proceedings." 'Whether an order was necessary under s 8 of the Court Suppression and Non-publication Orders Act 2010.']

Ratio Decidendi

The applicant did not demonstrate that identifying him in the Local Court proceedings would identify him in the Children's Court matters if the ordinary Children's Court safeguards were applied. The Children's Court matters would not appear on a public list and would be dealt with in closed court, while the Local Court charges concerning him as an alleged adult offender were to be dealt with in open court. Embarrassment, publicity and local rumour were insufficient to show necessity under s 8 of the Court Suppression and Non-publication Orders Act 2010.

Court Disposition

Application for suppression/non-publication order dismissed

Orders

  • ['Application dismissed.']