R. v. KWOK, Daniel Sweeseang, R. v. ONG, Jenny Lai Chin, R. v. TAN, Raymond Aik Tong, R. v. YOE, Hosea Paryud Saputra [2005] NSWCCA 245

Reported Decision : 158 A Crim R 160 64 NSWLR 355

New South Wales Court of Criminal Appeal

R. v. KWOK, Daniel Sweeseang, R. v. ONG, Jenny Lai Chin, R. v. TAN, Raymond Aik Tong, R. v. YOE, Hosea Paryud Saputra [2005] NSWCCA 245 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 8 July 2005

JUDGMENT DATE: 15 July 2005

JUDGMENT OF: Hodgson JA at 1; Howie J at 28; Rothman J at 37

DECISION: 1. Appeal allowed. 2. Order refusing any non-publication order set aside. 3. Matter remitted to the District Court to be considered in the light of these reasons and such further evidence as may be provided.

CATCHWORDS: PROCEDURE - DISTRICT COURT - CRIMINAL LAW - Open justice - Non-publication orders - Whether District Court has power to make orders against the publication of names of alleged victims of the crime of causing another to be placed into sexual servitude - Whether analogous to categories of victims of blackmail and/or informers.

Attorney-General v. Leveller Magazine Ltd. [1979] AC 440 Cain v. Glass (No.2) (1985) 3 NSWLR 230 John Fairfax Group Pty. Ltd. v. Local Court of New South Wales (1991) 26 NSWLR 131 CASES CITED: John Fairfax Publication Pty. Ltd. v. District Court of New South Wales [2004] NSWCA 324, 61 NSWLR 344 R. v. Socialist Worker Printers & Publishers Ltd.; Ex Parte Attorney-General [1975] QB 637 Witness v. Marsden [2000] NSWCA 52, 49 NSWLR 429

Regina - applicant Daniel Sweeseang Kwok - opponent Jenny Lai Chin Ong - opponent PARTIES: R. v. Raymond Aik Tong - opponent R. v. Hosea Paryud Saputra Yoe