R v Wiggins (No 2) [2021] NSWSC 1127

R v Wiggins (No 2) [2021] NSWSC 1127

Based on the confidential and open affidavit material, the Court was satisfied that police concerns about disclosure of the witness's identity had a proper basis and that pseudonym, suppression and non-publication orders were necessary under s 8(1)(a), (c) and (e) of the Court Suppression and Non-publication Orders Act 2010 (NSW). A pseudonym and non-publication order alone were insufficient because persons in court could observe the witness's physical appearance, so the Court was also to be closed for the duration of the witness's evidence. The order was made for 99 years because the witness's identity required protection for a significant period beyond the resolution of the proceedings,...

Jurisdiction
Australia
Judgment Date
06 September 2021
Procedural Posture
Criminal Proceedings; Application for Suppression and Non Publication Orders / Procedural Ruling Before Trial
Outcome
Application granted; pseudonym, suppression and non-publication orders made, and court ordered to be closed for the witness's evidence.
Legal Topics
['open Justice' 'witness Anonymity' 'closed Court' 'protection of Witness Safety' 'proper Administration of Justice']
['criminal Procedure' 'suppression and Non Publication Orders'] ['open Justice' 'witness Anonymity' 'closed Court' 'protection of Witness Safety' 'proper Administration of Justice']

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Procedural Posture

Criminal Proceedings; Application for Suppression and Non Publication Orders / Procedural Ruling Before Trial

Legal Issues

  1. 1 ['Whether suppression and non-publication orders concerning the identity and identifying details of a Crown witness were necessary to prevent prejudice to the proper administration of justice.' 'Whether the orders were necessary to protect the safety of the witness.' 'Whether the orders were otherwise necessary in the public interest and that public interest significantly outweighed the public interest in open justice.' "Whether the Court should be closed for the duration of the witness's evidence." 'What duration should apply to the suppression and non-publication orders.']

Ratio Decidendi

Based on the confidential and open affidavit material, the Court was satisfied that police concerns about disclosure of the witness's identity had a proper basis and that pseudonym, suppression and non-publication orders were necessary under s 8(1)(a), (c) and (e) of the Court Suppression and Non-publication Orders Act 2010 (NSW). A pseudonym and non-publication order alone were insufficient because persons in court could observe the witness's physical appearance, so the Court was also to be closed for the duration of the witness's evidence. The order was made for 99 years because the witness's identity required protection for a significant period beyond the resolution of the proceedings,...

Court Disposition

Application granted; pseudonym, suppression and non-publication orders made, and court ordered to be closed for the witness's evidence.

Orders

  • ['Except for the proper purposes of these proceedings, the Crown witness who provided a 3-page statement in these proceedings dated 9 May 2019 is to be referred to by a pseudonym.' 'Pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), and upon the grounds set out in s 8(1)(a), (c) and...