R v AB (A pseudonym) [2021] NSWDC 173

R v AB (A pseudonym) [2021] NSWDC 173

The cumulative effect of unbalanced media reporting and subsequent derogatory social media commentary, in the context of the applicant's mental health vulnerabilities, creates a serious risk of further psychological harm if her identity is published. Thus, a suppression and non-publication order protecting her identity is necessary for her safety within s 8(1)(c) of the Act, outweighing the interest in open justice.

Jurisdiction
Australia
Judgment Date
11 May 2021
Procedural Posture
Criminal / Interlocutory Application for Suppression/non Publication Order During Sentencing
Outcome
Suppression and non-publication orders made as sought, to protect the applicant’s identity and safety.
Legal Topics
['suppression Orders' 'non Publication Orders' 'psychological Safety' 'open Justice']
['criminal Law' 'procedure'] ['suppression Orders' 'non Publication Orders' 'psychological Safety' 'open Justice']

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Procedural Posture

Criminal / Interlocutory Application for Suppression/non Publication Order During Sentencing

Legal Issues

  1. 1 ['Whether a suppression and non-publication order is necessary to protect the applicant’s safety under s 8(1)(c) of the Court Suppression and Non-Publication Act 2010 (NSW)' 'Whether the public interest in making the order outweighs the public interest in open justice']

Ratio Decidendi

The cumulative effect of unbalanced media reporting and subsequent derogatory social media commentary, in the context of the applicant's mental health vulnerabilities, creates a serious risk of further psychological harm if her identity is published. Thus, a suppression and non-publication order protecting her identity is necessary for her safety within s 8(1)(c) of the Act, outweighing the interest in open justice.

Court Disposition

Suppression and non-publication orders made as sought, to protect the applicant’s identity and safety.

Orders

  • ["Order that the applicant be referred to as 'AB' until 11 May 2024." 'Prohibition upon disclosure of information identifying AB, being her name and residential address, until 11 May 2024.' 'Orders are made on the basis that it is necessary to protect the safety of the applicant.']