The Queen v Christian (No 3) [2018] NFSC 5

The Queen v Christian (No 3) [2018] NFSC 5

The information in the judgments does not reveal or tend to reveal the complainant's identity, nor does publication contravene s 169 of the Criminal Procedure Act 2007 (NI). There is no sufficient evidence of risk of trauma, embarrassment, or effect on reporting by publication on the internet. Public interest in open justice strongly favours continued publication; only minor, immaterial redactions are warranted.

Jurisdiction
Australia
Judgment Date
30 July 2018
Procedural Posture
Criminal Application / Application for Suppression/non Publication Order After Sentence
Outcome
Application dismissed except for minor redactions.
Legal Topics
['publication of Judgments' 'suppression and Non Publication Orders' 'open Justice' 'anonymity of Complainants' "protection of Complainant's Identity" 'sentencing Judgment Publication']
['criminal Law' 'procedure'] ['publication of Judgments' 'suppression and Non Publication Orders' 'open Justice' 'anonymity of Complainants' "protection of Complainant's Identity" 'sentencing Judgment Publication']

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Procedural Posture

Criminal Application / Application for Suppression/non Publication Order After Sentence

Legal Issues

  1. 1 ['Whether publication of judgment on internet contravenes s 169 of the Criminal Procedure Act 2007 (NI)' 'Whether the judgments reveal the identity of the complainant' 'Whether suppression/non-publication necessary to protect the complainant or the administration of justice' 'Whether publication would traumatise or embarrass the complainant' 'Balance between open justice and privacy']

Ratio Decidendi

The information in the judgments does not reveal or tend to reveal the complainant's identity, nor does publication contravene s 169 of the Criminal Procedure Act 2007 (NI). There is no sufficient evidence of risk of trauma, embarrassment, or effect on reporting by publication on the internet. Public interest in open justice strongly favours continued publication; only minor, immaterial redactions are warranted.

Court Disposition

Application dismissed except for minor redactions.

Orders

  • ['Registrar to request administrators of listed websites to redact insignificant details as specified from published judgments within 7 days.' 'Application by the Crown otherwise dismissed.']