Federal Court of Australia
SUPREME COURT OF NORFOLK ISLAND
The Queen v Christian (No 3) [2018] NFSC 5 File number: SCC 1 of 2018
Judge: WIGNEY J
Date of judgment: 30 July 2018
Catchwords: CRIMINAL LAW – publication of judgment – application seeking an order that judgments delivered in relation to a bail application and sentence hearing not be published publically, including on the internet – whether the judgments published contravene s 169 of the Criminal Procedure Act 2007 (NI) – where complainant's identity and privacy should be kept confidential and protected – whether judgment reveals the identity of the complainant – where complainant was given a pseudonym – where the matter was heard in open court – where parties did not seek a suppression or non-publication order in relation to any evidence or submissions – whether publication of sentencing judgment on the internet would embarrass or traumatise the complainant – whether suppression of judgments would protect the administration of justice – where public is entitled to know the Court's reasons for imposing a particular sentence – importance of public interest in open justice – application dismissed – Court order that certain, insignificant facts be redacted from the version of the judgments that appear on the internet
Legislation: Criminal Code 2007 (NI), s 113(2) Criminal Procedure Act 2007 (NI), s 169
Cases cited: Channel Seven Adelaide Pty Ltd v Stockdale Hall [2005] SASC 307 Matthews v The Queen (No 2) [2013] NSWCCA 194
Date of hearing: 30 July 2018
Registry: Norfolk Island
Category: Catchwords
Number of paragraphs: 68
Counsel for the Applicant: Mr A M Stewart SC with Ms A D Holliday
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