R v Charbaji, Azam; Charbaji, Haysem; Jamieson, Lexy May (No 3) [2016] NSWSC 1864

R v Charbaji, Azam; Charbaji, Haysem; Jamieson, Lexy May (No 3) [2016] NSWSC 1864

Because the witness assisted police under an inducement that the witness's identity would be protected and the security of the witness and the witness's family ensured, and because the order sought was limited to identifying information while leaving the evidence public, it was necessary to make the suppression order on the grounds in s 8 of The Court Suppression and Non-Publication Orders Act 2010.

Jurisdiction
Australia
Judgment Date
06 October 2016
Procedural Posture
Criminal / Application Within the Trial for a Suppression or Non Publication Order
Outcome
Suppression order issued.
Legal Topics
['suppression Order' 'non Publication Order' 'witness Identity' 'administration of Justice' 'safety of Persons']
['criminal Law'] ['suppression Order' 'non Publication Order' 'witness Identity' 'administration of Justice' 'safety of Persons']

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Procedural Posture

Criminal / Application Within the Trial for a Suppression or Non Publication Order

Legal Issues

  1. 1 ['Whether the Court should suppress or prohibit publication of the name, address and anything that would identify a Crown witness.' 'Whether the order was necessary to prevent prejudice to the proper administration of justice, to protect the safety of any person, and otherwise necessary in the public interest.']

Ratio Decidendi

Because the witness assisted police under an inducement that the witness's identity would be protected and the security of the witness and the witness's family ensured, and because the order sought was limited to identifying information while leaving the evidence public, it was necessary to make the suppression order on the grounds in s 8 of The Court Suppression and Non-Publication Orders Act 2010.

Court Disposition

Suppression order issued.

Orders

  • ['The name of the witness to be called by the Crown, the address of the witness to be called by the Crown, or any family of the witness or any matter that would identify the name, address or phone number of the witness, will not be published.' 'The witness shall be referred to as CL.']