R v Charbaji, Azam; Charbaji, Haysem; Jamieson, Lexy May (No 2) [2016] NSWSC 1863

R v Charbaji, Azam; Charbaji, Haysem; Jamieson, Lexy May (No 2) [2016] NSWSC 1863

The Court made a non-publication order because Ms Jamieson's infant son's name appeared in evidence and publication could cause inappropriate repercussions unrelated to the criminal justice system, while deleting the name from transcripts and recordings would create significant confusion about the evidence.

Jurisdiction
Australia
Judgment Date
05 October 2016
Procedural Posture
Criminal Proceeding / Procedural Ruling on Suppression/non Publication Order
Outcome
Suppression/non-publication order made.
Legal Topics
['suppression Order' 'non Publication Order' 'infant Mentioned in Evidence' 'intercept Transcripts and Recordings']
['criminal Law'] ['suppression Order' 'non Publication Order' 'infant Mentioned in Evidence' 'intercept Transcripts and Recordings']

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 Proceeding / Procedural Ruling on Suppression/non Publication Order

Legal Issues

  1. 1 ["Whether the name of Ms Jamieson's infant son appearing in intercept transcripts and recordings should be deleted or otherwise protected from publication." "Whether a non-publication order should be made in relation to the name or identifying information of Ms Jamieson's son, who was neither a witness nor an accused."]

Ratio Decidendi

The Court made a non-publication order because Ms Jamieson's infant son's name appeared in evidence and publication could cause inappropriate repercussions unrelated to the criminal justice system, while deleting the name from transcripts and recordings would create significant confusion about the evidence.

Court Disposition

Suppression/non-publication order made.

Orders

  • ["The name of Ms Jamieson's son, wherever used in these proceedings, including evidence already adduced and evidence to be used in the proceedings, not be published." "Nothing that would identify Ms Jamieson's son by name as a result of these proceedings be published."]