R v Diallo & Ors (No 1) [2024] NSWSC 852

R v Diallo & Ors (No 1) [2024] NSWSC 852

The court should remain open to the public during the pre-trial hearing and trial because s 10 of the Act only applies if the accused is a child at the time of proceedings, and all accused are now adults. Publication restrictions under s 15A sufficiently protect the identities of those who were children at the time of the offence.

Parties
Prosecution: Rex; Defendant: Ibrahima Diallo; Defendant: AG; Defendant: YA; Defendant: AD; Defendant: Panashe Morgan Ryan Karise
Jurisdiction
Australia
Judgment Date
15 July 2024
Procedural Posture
Criminal / Pre Trial Procedural Ruling
Outcome
Court ordered not to be closed to the public during pre-trial hearing and trial.
Legal Topics
Open or Closed Court, Publication Restriction, Children in Criminal Proceedings
Criminal Law Procedure Open or Closed Court Publication Restriction Children in Criminal Proceedings

Case Brief

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Parties

Rex

Prosecution

Ibrahima Diallo

Defendant

AG

Defendant

YA

Defendant

AD

Defendant

Panashe Morgan Ryan Karise

Defendant

Procedural Posture

Criminal / Pre Trial Procedural Ruling

Legal Issues

  1. 1 Whether the court should be open to the public during the pre-trial hearing and trial where accused were children at time of offence but adults at time of trial

Ratio Decidendi

The court should remain open to the public during the pre-trial hearing and trial because s 10 of the Act only applies if the accused is a child at the time of proceedings, and all accused are now adults. Publication restrictions under s 15A sufficiently protect the identities of those who were children at the time of the offence.

Court Disposition

Court ordered not to be closed to the public during pre-trial hearing and trial.

Orders

  • The Court should not be closed during the pre-trial hearing and the trial itself.