R v Hutchison, Wilkinson & Greentree (No 3) [2018] NSWSC 1758

R v Hutchison, Wilkinson & Greentree (No 3) [2018] NSWSC 1758

Suppression and non-publication orders are necessary in this case to protect the identities of children and certain witnesses, comply with statutory prohibitions, and maintain the proper administration of justice, while pseudonym orders facilitate open justice by allowing publication of reasons without exposing prohibited information.

Parties
Prosecution: Regina; Accused: Raquel Hutchison; Accused: Paul Wilkinson; Accused: Daniel Greentree
Jurisdiction
Australia
Judgment Date
16 November 2018
Procedural Posture
Criminal / Application for Final Suppression and Non Publication Orders During Trial
Outcome
Suppression and non-publication orders granted as specified
Legal Topics
Suppression Orders, Non Publication Orders, Open Justice, Identification of Children, Family Court Proceedings
Criminal Law Procedure Suppression Orders Non Publication Orders Open Justice Identification of Children Family Court Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Regina

Prosecution

Raquel Hutchison

Accused

Paul Wilkinson

Accused

Daniel Greentree

Accused

Procedural Posture

Criminal / Application for Final Suppression and Non Publication Orders During Trial

Legal Issues

  1. 1 Whether suppression and non-publication orders should be made over details identifying the deceased and children in the trial
  2. 2 Whether non-publication orders should extend to agreed facts relating to Family Court proceedings
  3. 3 Whether pseudonym orders are necessary to give effect to statutory prohibitions and the principle of open justice

Ratio Decidendi

Suppression and non-publication orders are necessary in this case to protect the identities of children and certain witnesses, comply with statutory prohibitions, and maintain the proper administration of justice, while pseudonym orders facilitate open justice by allowing publication of reasons without exposing prohibited information.

Court Disposition

Suppression and non-publication orders granted as specified

Orders

  • Suppression order over the surname of the deceased and the children who gave evidence in the trial
  • Non-publication order over the contents of exhibit H-15 beyond what is published in R v Hutchison & Wilkinson [2018] NSWSC 1759