R v Md Kowser ALI [2008] NSWDC 318

R v Md Kowser ALI [2008] NSWDC 318

It is in the public interest to permit publication of the complainant's name when she consents, as this supports overcoming outdated community attitudes of shame towards victims of sexual assault. The statutory scheme presumes publication unless it is not in the public interest, and there are no grounds here to continue the suppression order.

Jurisdiction
Australia
Judgment Date
17 September 2008
Procedural Posture
Criminal / Post Verdict Application to Revoke Non Publication Order
Outcome
Application to revoke order under s 292 Criminal Procedure Act granted
Legal Topics
["publication of Complainant's Name" 'sexual Assault' 'non Publication Orders' 'public Interest']
['criminal Law'] ["publication of Complainant's Name" 'sexual Assault' 'non Publication Orders' 'public Interest']

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Procedural Posture

Criminal / Post Verdict Application to Revoke Non Publication Order

Legal Issues

  1. 1 ["Whether the non-publication order under s 292 of the Criminal Procedure Act 1986 should be revoked to permit publication of the complainant's name with her consent"]

Ratio Decidendi

It is in the public interest to permit publication of the complainant's name when she consents, as this supports overcoming outdated community attitudes of shame towards victims of sexual assault. The statutory scheme presumes publication unless it is not in the public interest, and there are no grounds here to continue the suppression order.

Court Disposition

Application to revoke order under s 292 Criminal Procedure Act granted

Orders

  • ["Order prohibiting publication of the complainant's identity revoked"]