State of New South Wales v GJO (No 2) [2020] NSWSC 969

Supreme Court New South Wales

Medium Neutral Citation: State of New South Wales v GJO (No 2) [2020] NSWSC 969 Hearing dates: 14 July 2020 Date of orders: 29 July 2020 Decision date: 29 July 2020 Jurisdiction: Common Law Before: Rothman J Decision: (1) The orders made by the Court, pursuant to s 10 of the Court Suppression and Non-publication Orders Act 2010 (NSW) on 14 July 2020 be set aside; (2) Pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), the Court orders the suppression of the name, identity, address and workplace of the defendant and the non-publication of the name, identity, address and workplace of the defendant and any information or matter that would tend to reveal the name, identity, address and workplace of the defendant on the basis of the grounds prescribed in ss 8(1)(a) and 8(1)(c) of the Court Suppression and Non-publication Orders Act 2010 (NSW); (3) For the purposes of these proceedings, any judgment issued in relation to these proceedings and any reasons for judgment issued or any other document published as a consequence of the reasons for judgment or the judgment, the defendant shall be referred to as "GJO"; (4) Orders (2) and (3) above will subsist until further order of the Court. Catchwords: COURTS AND JUDGES – principle of open justice – Departures – safety of defendant – impeding the rehabilitation of the defendant – Court Suppression and Non-publication Orders Act 2010 (NSW) – suppression of name, identity and workplace and orders prohibiting publication SUPRESSION ORDERS – Court Suppression and Non-publication Act 2010 (NSW) – primary objective of open justice – whether suppression order necessary – meaning of "necessary" – effect of suppression order on open justice – evaluation of balance – limitations on Interim Suppression Orders under s 10. Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW), ss 4, 6, 7, 8, 9, 10, 13 Crimes (High Risk Offenders) Act 2006 (NSW), s 3 Cases Cited: D1 v P1 [2012] NSWCA 314 Fairfax Digital Australia & New Zealand Pty Ltd v Ibrahim (2012) 83 NSWLR 52; [2012] NSWCCA 125 Grassby v the Queen (1989) 168 CLR 1; [1989] HCA 45 Hall v Nominal Defendant (1966) 117 CLR 423; [1966] HCA 36 Hamzy v R [2013] NSWCCA 156 John Fairfax & Sons Ltd v District Court of New South Wales (2004) 61 NSWLR 344; [2004] NSWCA 324 John Fairfax & Sons Ltd v Police Tribunal of New South Wales (1986) 5 NSWLR 465 Pelechowski v Registrar, Court of Appeal (NSW) (1999) 198 CLR 435; [1999] HCA 19 Project Blue Sky v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff/Respondent) GJO (Defendant/Applicant) Representation: Counsel: D New (Plaintiff/Respondent) A Cook (Defendant/Applicant)