O’Dell (a pseudonym) v R [2023] NSWCCA 46

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: O'Dell (a pseudonym) v R [2023] NSWCCA 46 Hearing dates: On the papers Decision date: 15 March 2023 Before: Leeming JA; Adamson JA; Garling J Decision: 1. Order, pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), on the ground stated in s 8(1)(c), that there be no publication or disclosure of the judgment [2022] NSWCCA 292 anywhere in the Commonwealth for a period of thirty years from today, except to the extent as is found in Annexure A to this judgment. 2. Otherwise dismiss the notice of motion filed by the Commissioner of Police. 3. Exhibits to be returned. Catchwords: JUDGMENTS – publication of reasons – unopposed application for orders under Court Suppression and Non-publication Orders Act 2010 (NSW) – whether necessary to make orders in relation to entirety of judgment – more limited order made Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW), ss 6, 7, 8, 11, 12 Cases Cited: HT v The Queen (2019) 269 CLR 403; [2019] HCA 40 Rinehart v Welker (2011) 93 NSWLR 311; [2011] NSWCA 403 Category: Consequential orders Parties: O'Dell (a pseudonym) (Applicant, Respondent to the motion) Rex (Respondent) Commissioner of Police (Applicant on the motion) Representation: Counsel:

Solicitors: File Number(s): xxxx/xxxxxx Publication restriction: Order 1 prevents publication of an unredacted version of the judgment (a redacted version of which is Annexure A). Decision under appeal Court or tribunal: District Court of New South Wales Jurisdiction: Criminal Citation: xxxx Date of Decision: xxxx Before: xxxx File Number(s): xxxx/xxxxxx