R v Xie (No. 5) [2014] NSWSC 588

R v Xie (No. 5) [2014] NSWSC 588

Court consented to publication of the names of Henry Lin and Terry Lin as deceased child victims, finding it in the public interest and consistent with open justice, and the statutory prohibition remains on publication of the surviving sibling's identity absent her consent.

Parties
Prosecution: Regina (Crown); Accused: Lian Bin (Robert) Xie
Jurisdiction
Australia
Judgment Date
05 May 2014
Procedural Posture
Criminal / Procedural Ruling Prior to Murder Trial
Outcome
Court consents to publication of names of Henry Lin and Terry Lin; prohibition remains for surviving sibling.
Legal Topics
Publication Restriction, Open Justice, Children Victims, Public Interest, Children (criminal Proceedings) Act 1987
Criminal Law Publication Restriction Open Justice Children Victims Public Interest Children (criminal Proceedings) Act 1987

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Parties

Regina (Crown)

Prosecution

Lian Bin (Robert) Xie

Accused

Procedural Posture

Criminal / Procedural Ruling Prior to Murder Trial

Legal Issues

  1. 1 Whether consent ought be given for the publication of the names of deceased child victims Henry Lin and Terry Lin under the Children (Criminal Proceedings) Act 1987
  2. 2 Whether the prohibition on publication of the surviving sibling’s identity should remain

Ratio Decidendi

Court consented to publication of the names of Henry Lin and Terry Lin as deceased child victims, finding it in the public interest and consistent with open justice, and the statutory prohibition remains on publication of the surviving sibling's identity absent her consent.

Court Disposition

Court consents to publication of names of Henry Lin and Terry Lin; prohibition remains for surviving sibling.

Orders

  • Court gives consent to the publication of the names of Henry Lin and Terry Lin as part of any report of the proceedings.
  • Publication or broadcasting of the name of Ms AB (surviving sibling) remains prohibited by operation of s.15A Children (Criminal Proceedings) Act 1987.