AB v Director of Public Prosecutions [2024] NSWSC 596

Supreme Court New South Wales

Medium Neutral Citation: AB v Director of Public Prosecutions [2024] NSWSC 596 Hearing dates: 15 May 2024 Date of orders: 15 May 2024 Decision date: 15 May 2024 Jurisdiction: Common Law Before: Campbell J Decision: (1) Under s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW), a non-publication order is made over the name of the plaintiff or any information tending to identify him or members of his immediate family. (2) This order is made in respect of any written and oral submissions, evidence, or reasons for judgment in relation to this application and further proceedings in 2023/00299395 and any other proceedings based upon the matters alleged in H-80625151. (3) These orders are made on the ground that they are necessary to protect the safety of the plaintiff and his family as specified in s 8(1)(c) of the said Act. (4) The orders are to apply throughout the Commonwealth of Australia. (5) These orders are to continue until expiration of 14 days following the completion of all proceedings on the matters based upon H-80625151. (6) To give effect to these orders, the plaintiff is to be referred to, in relation to proceedings to which these orders apply, by the pseudonym AB. Catchwords: CRIMINAL PROCEDURE – suppression and non-publication orders – appeal against Local Court decision refusing non-publication order – gangland murder – lethal retribution on other co-accused resulting in death – strong temporal connection between retribution and publication of arrests – paramountcy of "open justice" – calculus of risk approach – evaluative judgment – necessity of non-publication order for genuine safety concerns Legislation Cited: Court Suppression and Non-publication Orders Act 2010 (NSW), ss 6, 7, 8, 10, 14 Crimes (Appeal and Review) Act 2001 (NSW) Cases Cited: AB (a pseudonym) v CD (a pseudonym) [2019] HCA 6; 93 ALJR 321 AB (a pseudonym) v R (No 3) (2019) 97 NSWLR 1046; [2019] NSWCCA 46 Category: Procedural rulings Parties: AB (Plaintiff) Director of Public Prosecutions (Defendant) Representation: Counsel: L Rowan (Plaintiff) N Lawrence (Solicitor) (Defendant)