Regina v DWF19 (No 1) [2019] NFSC 3

SUPREME COURT OF NORFOLK ISLAND

Regina v DWF19 (No 1) [2019] NFSC 3 File numbers: SCC 1 of 2019 SCC 2 of 2019

Judge: RARES J

Date of judgment: 8 October 2019

Catchwords: COURTS AND JUDGES – application to suppress reasons for sentence – whether suppression of Court's reasons a matter of practice or procedure under ss 169, 213 and 214 of the Criminal Procedure Act 2007 (NI) and or s 19(4) and (5) of the Supreme Court 1960 (NI) – principle of open justice – publication of reasons for judgment or sentence and open justice not matters of practice or procedure – where principle of open justice requires Court to sit in public and to allow public to be present and make fair reports of what occurred in open Court, in absence of any contrary law made by Parliament – absence of any statutory power of Court to supress reasons for judgment or sentence – Court's duty to give reasons for imposing sentence that finally disposes of proceeding – where ss 169, 213 and 214 of the Criminal Procedure Act 2007 (NI) applied only to persons disseminating information from or about proceedings and did not apply of their own force to the Court – where Crown failed to apply for offender to be given pseudonym immediately after arrest to protect victims' identity – where impact on victims and their families did not justify closing the Court when Court could give reasons for sentence that sufficiently satisfied requirements of open justice – where child victim not aware of full extent of crimes committed against her – where offender could be arraigned by excluding particular matter that it was necessary in the interests of justice not to reveal publicly from so much of count in indictment when read aloud in Court but where offender had full version of indictment to which he could enter plea