R v A1 (No. 1) [2019] NSWSC 611

R v A1 (No. 1) [2019] NSWSC 611

The Court found that the risk of severe harm to the Accused's wife and her family if identifying information were published, even if less than probable, satisfies the necessity requirement of s.8(1)(c) CSNO Act. Orders for suppression and pseudonymisation are warranted. The orders are narrower than previous ones and minimize interference with open justice.

Parties
Crown: Regina; Accused: A1; Witness/accused's Wife: C1
Jurisdiction
Australia
Judgment Date
22 May 2019
Procedural Posture
Criminal / Pre Trial Application for Suppression and Non Publication Orders
Outcome
Application granted
Legal Topics
Suppression and Non Publication Orders, Open Justice, Protection of Witnesses, Audio Visual Evidence
Criminal Law Suppression and Non Publication Orders Open Justice Protection of Witnesses Audio Visual Evidence

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Parties

Regina

Crown

A1

Accused

C1

Witness/accused's Wife

Procedural Posture

Criminal / Pre Trial Application for Suppression and Non Publication Orders

Legal Issues

  1. 1 Whether non-publication and pseudonym orders should be made to protect the safety of persons under s.8(1)(c) Court Suppression and Non-publication Orders Act 2010

Ratio Decidendi

The Court found that the risk of severe harm to the Accused's wife and her family if identifying information were published, even if less than probable, satisfies the necessity requirement of s.8(1)(c) CSNO Act. Orders for suppression and pseudonymisation are warranted. The orders are narrower than previous ones and minimize interference with open justice.

Court Disposition

Application granted

Orders

  • Suppression and non-publication orders made: Accused, wife, siblings, daughter, and deceased will be referred to by pseudonyms ('A1', 'C1', 'C2', 'C3', 'C4', 'C5', 'C6'); publication of information tending to reveal their identities prohibited in all media throughout Australia for 20 years; previous suppression...