R v Diallo & Ors (No 1) [2024] NSWSC 852

Supreme Court New South Wales

Medium Neutral Citation: R v Diallo & Ors (No 1) [2024] NSWSC 852 Hearing dates: 1-2 July 2024 Date of orders: 2 July 2024 Decision date: 15 July 2024 Jurisdiction: Common Law Before: Hamill J Decision: The Court should not be closed during the pre-trial hearing and the trial itself. Catchwords: CRIMINAL LAW – open or closed court – where accused a child at time of alleged offence – where accused adult at time of trial – application of statute – application of authorities – court must remain open to the public Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), ss 3, 10, 15A, 15A(1)(a), 15A(1)(b) Cases Cited: GBB v R [2019] NSWCCA 296 R v JM (No 2) [2024] NSWSC 771 Texts Cited: N/A Category: Procedural rulings Parties: Rex (Prosecution) Ibrahima Diallo (Defendant) AG (Defendant) YA (Defendant) AD (Defendant) Panashe Morgan Ryan Karise (Defendant) Representation: Counsel: E Balodis and J Sfinas (Rex) R Wilson SC (Diallo) M Avenell SC (AG) W Terracini SC KC and P Kondich (YA) B Robinson (AD) M Smith (Karise)

Solicitors: Office of the Director of Public Prosecutions (Rex) Crimcorp Defence Lawyers (Diallo) Sydney Criminal Law Specialists (AG) King & York Lawyers (YA) Wiltshire & Wroughton Legal (AD) McGirr & Associates (Karise) File Number(s): 2022/00052005; 2022/00051961; 2022/00052010; 2022/00052239; 2022/00091174 Publication restriction: Statutory prohibition on the publication of the names of the juvenile accused and any material that might identify them. See s 15A Children (Criminal Proceedings) Act 1987 (NSW).