Commonwealth Director of Public Prosecutions v Christian [2019] FCAFC 5

FEDERAL COURT OF AUSTRALIA

Commonwealth Director of Public Prosecutions v Christian [2019] FCAFC 5 Appeal from: The Queen v Christian (No 3) [2018] NFSC 5

File number: NSD 1437 of 2018

Judges: BESANKO, FLICK AND ROBERTSON JJ

Date of judgment: 29 January 2019

Catchwords: CRIMINAL LAW – publication of judgments – appeal from judgment of primary judge substantially refusing an application by the Commonwealth Director of Public Prosecutions for an order that judgments delivered in relation to a bail application and sentence hearing not be "published publically", including on the "open source internet" – source and nature of the power to make a non-publication order – where the judgments were and remained available from the Norfolk Island Supreme Court Registry and no application was made for non-publication of those copies of the judgments – whether the judgments published contravened s 169 of the Criminal Procedure Act 2007 (NI) – whether judgments revealed the identity of the complainant – where the matter was heard in open court – whether continuing publication of sentencing judgment on the "open source internet" would embarrass or traumatise the complainant – whether suppression of judgments would protect the administration of justice – where public entitled to know the Court's reasons for imposing a particular sentence – importance of public interest in open justice – whether primary judge made any appellable error in substantially refusing the Director's application – whether errors of fact on the part of primary judge PRACTICE AND PROCEDURE – publication of judgments – appeal from judgment of primary judge substantially refusing an application by the Commonwealth Director of Public Prosecutions for an order that judgments delivered in relation to a bail application and sentence hearing not be "published publically", including on the "open source internet" – source and nature of the power to make a non-publication order – where the judgments were and remained available from the Norfolk Island Supreme Court registry and no application was made for non-publication of those copies of the judgments – whether the judgments published contravened s 169 of the Criminal Procedure Act 2007 (NI) – whether judgments revealed the identity of the complainant – where the matter was heard in open court – whether continuing publication of sentencing judgment on the "open source internet" would embarrass or traumatise the complainant – whether suppression of judgments would protect the administration of justice – where public entitled to know the Court's reasons for imposing a particular sentence – importance of public interest in open justice – whether primary judge made any appellable error in substantially refusing the Director's application – whether errors of fact on the part of primary judge