Regina v M.B. No. 2 [2006] NSWSC 1163

New South Wales Supreme Court

CITATION : Regina v M.B. No. 2 [2006] NSWSC 1163

HEARING DATE(S) : 16/10/2006

JUDGMENT DATE : 10 November 2006

JUDGMENT OF : Howie J at 1

DECISION : The application is refused.

CATCHWORDS : Criminal Law - Practice and Procedure - Children - Publication of name of offender on sentencing - whether in the interests of justice.

LEGISLATION CITED : Children (Criminal Proceedings) Act 1987 - ss 11(4B), 11(4C) Crimes (Sentencing Procedure) Act 1999 - s 3A

PARTIES : Regina v M.B.

FILE NUMBER(S) : SC 2005/2014

COUNSEL : W. Creasey - Crown G. Grogin - Offender

SOLICITORS : S. Kavanagh - Crown Nyman Gibson Stewart - Offender

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST

HOWIE J

FRIDAY 10 NOVEMBER 2006

2005/2014 REGINA v M.B. No. 2

JUDGMENT 1 HIS HONOUR: The Court has sentenced M.B., the offender, to a term of imprisonment for the offence of murder. The sentence is comprised of a non-parole period of 16 years 6 months and a balance of term of 5 years and 6 months. The Court made an order directing that he serve his sentence until aged 21 years as a juvenile offender. 2 The Crown has made an application that the Court makes an order under s 11(4B) of the Children (Criminal Proceedings) Act 1987. That subsection permits a court, when sentencing a person who is of, or above, the age of 16 years for a serious children's indictable offence, to make an order authorising the publication or broadcasting of the person's name. Unless the Court grants that authorisation, it is an offence for the name of the offender to be published. However s 11(4C) provides that a court cannot make such an order unless it is satisfied: