Australian Broadcasting Corporation v Craig Gillon [2007] NSWDC 76

Australian Broadcasting Corporation v Craig Gillon [2007] NSWDC 76

Section 11(1) was not engaged because the documentary did not identify Craig Gillon with the criminal proceedings concerned. It did not identify the proceedings, charges, file number or subject matter, and the recorded statements were general and equivocal. Because the proposed publication did not connect him with the criminal proceedings concerned, there was no breach of s 11 and no order under s 11(4)(b)(i) was required; the Notice of Motion was dismissed.

Jurisdiction
Australia
Judgment Date
01 May 2007
Procedural Posture
Civil; Notice of Motion Seeking Consent to Publication Under S 11(4)(b) of the Children (criminal Proceedings) Act 1987 (nsw) / Urgent Ex Tempore Judgment on Notice of Motion
Outcome
Notice of Motion dismissed.
Legal Topics
['publication Orders' 'identification of Children in Criminal Proceedings' 'children (criminal Proceedings) Act 1987 (nsw) S 11' 'documentary Broadcast']
['criminal Law' 'children and Young Persons' 'media and Publication Restrictions'] ['publication Orders' 'identification of Children in Criminal Proceedings' 'children (criminal Proceedings) Act 1987 (nsw) S 11' 'documentary Broadcast']

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil; Notice of Motion Seeking Consent to Publication Under S 11(4)(b) of the Children (criminal Proceedings) Act 1987 (nsw) / Urgent Ex Tempore Judgment on Notice of Motion

Legal Issues

  1. 1 ['Whether the Court should grant consent under s 11(4)(b)(i) of the Children (Criminal Proceedings) Act 1987 (NSW) to publish or broadcast the name of a child connected with criminal proceedings.' 'Whether service on the Director of Public Prosecutions was necessary.' "Whether the proposed documentary publication would publish or broadcast the child's name in a way that connects him with the criminal proceedings concerned within s 11(1)." 'Whether an application for an order of this kind can be brought after the criminal proceedings have concluded.']

Ratio Decidendi

Section 11(1) was not engaged because the documentary did not identify Craig Gillon with the criminal proceedings concerned. It did not identify the proceedings, charges, file number or subject matter, and the recorded statements were general and equivocal. Because the proposed publication did not connect him with the criminal proceedings concerned, there was no breach of s 11 and no order under s 11(4)(b)(i) was required; the Notice of Motion was dismissed.

Court Disposition

Notice of Motion dismissed.

Orders

  • ['Grant leave to file Notice of Motion in the Registry subject to the registry ascertaining from the Dubbo District Court file number(s) for any criminal proceedings brought against Craig Gillon in that court.' 'Dispense with service on the DPP by reason of the consent of the respondent Craig Gillon to publication.'...