R v PC; R v NLH [2010] NSWSC 533

R v PC; R v NLH [2010] NSWSC 533

The welfare of the siblings (children in care) outweighs the public interest in publication, and accordingly, publication of identifying information is prevented by operation of the Act.

Parties
Accused: PC; Accused: NLH; Intervenor: Minister of Community Services and Director General, Community Services, Department of Human Services
Jurisdiction
Australia
Judgment Date
25 May 2010
Procedural Posture
Criminal / Suppression Order Application/interlocutory Decision
Outcome
Application for non-publication and pseudonym orders refused; publication prevented by statute
Legal Topics
Suppression Orders, Non Publication of Information, Children in Criminal Proceedings
Criminal Law Procedure Suppression Orders Non Publication of Information Children in Criminal Proceedings

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Parties

PC

Accused

NLH

Accused

Minister of Community Services and Director General, Community Services, Department of Human Services

Intervenor

Procedural Posture

Criminal / Suppression Order Application/interlocutory Decision

Legal Issues

  1. 1 Whether publication should be permitted that could identify, or lead to the identification of, the deceased child, siblings and accused in criminal proceedings involving the death of a child

Ratio Decidendi

The welfare of the siblings (children in care) outweighs the public interest in publication, and accordingly, publication of identifying information is prevented by operation of the Act.

Court Disposition

Application for non-publication and pseudonym orders refused; publication prevented by statute

Orders

  • Leave granted for the Minister of Community Services and the Director General, Community Services, Department of Human Services New South Wales to intervene in the proceedings.
  • Leave granted for filing of notice of motion and supporting affidavits in Court.