AXR (a pseudonym) v R (No 2) [2023] NSWCCA 113

AXR (a pseudonym) v R (No 2) [2023] NSWCCA 113

The Court was satisfied that non-publication orders were necessary to protect AXR's identity and safety because the judgment revealed his status and assistance as a police informant, and that the public interest in preserving the identity of police informants outweighed the public interest in open justice. A 30 year order operating throughout the Commonwealth of Australia was no longer than reasonably necessary to achieve those purposes.

Jurisdiction
Australia
Judgment Date
18 May 2023
Procedural Posture
Criminal Consequential Orders; Application for Non Publication Orders / On the Papers After Dismissal of Sentence Appeal
Outcome
Non-publication orders made and appellant ordered to be identified by the pseudonym AXR.
Legal Topics
['non Publication Order' 'pseudonym Order' 'police Informant Identity' 'open Justice' 'safety of Persons']
['criminal Law' 'court Suppression and Non Publication Orders'] ['non Publication Order' 'pseudonym Order' 'police Informant Identity' 'open Justice' 'safety of Persons']

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 Consequential Orders; Application for Non Publication Orders / On the Papers After Dismissal of Sentence Appeal

Legal Issues

  1. 1 ["Whether non-publication orders were necessary to protect the applicant's identity and safety because of assistance provided or offered to police as an informant." 'Whether the public interest in preserving the identity of police informants outweighed the public interest in open justice.' 'Whether a 30 year non-publication order operating throughout the Commonwealth of Australia was no longer than reasonably necessary.']

Ratio Decidendi

The Court was satisfied that non-publication orders were necessary to protect AXR's identity and safety because the judgment revealed his status and assistance as a police informant, and that the public interest in preserving the identity of police informants outweighed the public interest in open justice. A 30 year order operating throughout the Commonwealth of Australia was no longer than reasonably necessary to achieve those purposes.

Court Disposition

Non-publication orders made and appellant ordered to be identified by the pseudonym AXR.

Orders

  • ["Pursuant to s 7(a) and (b) of the Court Suppression and Non-publication Orders Act 2010 (NSW), there be no publication of the parts of the Court's judgment delivered on 7 December 2022 that reveal or would tend to reveal the appellant's status as a police informant, the fact that the appellant had provided...