R v IP [2024] NSWCCA 16

R v IP [2024] NSWCCA 16

Publication of BM's name in the judgment is not likely to identify IP to an uninstructed reader since the judgment lacks specific details or identifying information connecting BM's name to IP; therefore, the statutory protection is not frustrated, and BM's name may be published.

Parties
Applicant: Director of Public Prosecutions; Respondent: IP; Victim: BM
Jurisdiction
Australia
Judgment Date
26 February 2024
Procedural Posture
Criminal Appeal / Procedural Ruling on Publication
Outcome
Judgment allows publication of the name of BM in full.
Legal Topics
Suppression Orders, Non Publication Orders, Anonymity of Child Accused and Victims, Children (criminal Proceedings) Act 1987 (nsw)
Criminal Law Children's Law Suppression Orders Non Publication Orders Anonymity of Child Accused and Victims Children (criminal Proceedings) Act 1987 (nsw)

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Parties

Director of Public Prosecutions

Applicant

IP

Respondent

BM

Victim

Procedural Posture

Criminal Appeal / Procedural Ruling on Publication

Legal Issues

  1. 1 Whether publishing the name of the deceased child victim (BM) under s 15E Children (Criminal Proceedings) Act 1987 (NSW) would be likely to lead to the identification of the accused child (IP) contrary to s 15A

Ratio Decidendi

Publication of BM's name in the judgment is not likely to identify IP to an uninstructed reader since the judgment lacks specific details or identifying information connecting BM's name to IP; therefore, the statutory protection is not frustrated, and BM's name may be published.

Court Disposition

Judgment allows publication of the name of BM in full.

Orders

  • BM's name may be published in the Court's judgment; restriction lifted.