R v AB (No 1) [2018] NSWCCA 113

R v AB (No 1) [2018] NSWCCA 113

Suppression and non-publication orders made by the District Court were not necessary under s 8(1) of the Court Suppression and Non-publication Orders Act 2010 (NSW) because the statutory prohibition in Children (Criminal Proceedings) Act s 15A applies, and there was insufficient evidence of a real risk to the safety of the respondent or his family; as such, the orders should be revoked.

Jurisdiction
Australia
Judgment Date
06 June 2018
Procedural Posture
Criminal Appeal / Appeal Decision
Outcome
Appeal allowed; suppression and non-publication orders set aside.
Legal Topics
['suppression and Non Publication Orders' 'historical Sex Offences' 'children (criminal Proceedings) Act S 15 A' 'open Justice' 'appeal Jurisdiction']
['criminal Law' 'suppression Orders'] ['suppression and Non Publication Orders' 'historical Sex Offences' 'children (criminal Proceedings) Act S 15 A' 'open Justice' 'appeal Jurisdiction']

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Procedural Posture

Criminal Appeal / Appeal Decision

Legal Issues

  1. 1 ['Whether suppression and non-publication orders made under Court Suppression and Non-publication Orders Act 2010 (NSW) s 8 were necessary to prevent prejudice to the proper administration of justice or to protect the safety of the respondent or his family' 'Whether s 15A of the Children (Criminal Proceedings) Act 1987 (NSW) prohibits publication of the respondent’s name in connection with criminal proceedings' 'Jurisdiction of the Court of Criminal Appeal to hear the appeal']

Ratio Decidendi

Suppression and non-publication orders made by the District Court were not necessary under s 8(1) of the Court Suppression and Non-publication Orders Act 2010 (NSW) because the statutory prohibition in Children (Criminal Proceedings) Act s 15A applies, and there was insufficient evidence of a real risk to the safety of the respondent or his family; as such, the orders should be revoked.

Court Disposition

Appeal allowed; suppression and non-publication orders set aside.

Orders

  • ['Grant leave to appeal.' 'Allow the appeal.' 'Set aside orders 1 and 3 of the District Court made on 12 December 2017.' "Order that the respondent's notice of motion filed 8 December 2017 be dismissed."]