AXR (a pseudonym) v R (No 2) [2023] NSWCCA 113

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: AXR (a pseudonym) v R (No 2) [2023] NSWCCA 113 Hearing dates: On the papers Date of orders: 19 April 2023 Decision date: 18 May 2023 Before: Adamson JA at [1]; Garling J at [7]; Button J at [8] Decision: (1) Pursuant to s 7(a) and (b) of the Court Suppression and Non-publication Orders Act 2010 (NSW) ("the Act") and upon the grounds that: a. the order is necessary to protect the safety of any person; and/or b. it is otherwise necessary in the public interest for the order to be made and that public interest significantly outweighs the public interest in open justice, there be no publication of the parts of the Court's judgment delivered on 7 December 2022, that reveal or would tend to reveal: c. the appellant's status as a police informant; d. the fact that the appellant had provided assistance to police; and/or e. the nature extent of that assistance; with such order to apply for a period of 30 years from the date of these orders and throughout the Commonwealth of Australia. (2) In the exercise of the Court's inherent jurisdiction, the appellant shall be identified in connection with these proceedings by the pseudonym "AXR". (3) Pursuant to s 7(b) of the Act and upon the grounds that: a. the order is necessary to protect the safety of any person; and/or b. it is otherwise necessary in the public interest for the order to be made and that public interest significantly outweighs the public interest in open justice; the Court makes the orders sought at paragraph 2 of the application by the Commissioner of Police, NSW Police Force in their application dated 19 December 2022 pursuant to s 7(a) and (b) of the Act and, further, that there be no publication of: c. the affidavit of the appellant sworn on 14 October 2022, d. the contents of this application to the extent that it reveals the matters that the appellant seeks to protect, e. the appellant's written submissions dated 20 December 2022, with such order to apply for a period of 30 years from the date of these orders and throughout the Commonwealth of Australia. Catchwords: NON-PUBLICATION ORDER — orders made to redact the judgment in order to protect the applicant's identity due to assistance given to authorities — order necessary to protect the applicant's safety Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW), ss 8, 12 Firearms Act 1996 (NSW) Cases Cited: AXR (a pseudonym) v R [2022] NSWCCA 257 Category: Consequential orders Parties: AXR (a pseudonym) (Applicant) Rex (Respondent) Representation: Counsel: S Odgers SC (Applicant) C Curtis (Respondent)