R v BW & SW (No. 2) [2009] NSWSC 595

Reported Decision : 196 A Crim R 329 [2010] ALMD 6461

New South Wales Supreme Court

CITATION : R v BW & SW (No. 2) [2009] NSWSC 595

HEARING DATE(S) : 24 June 2009

JUDGMENT DATE : 24 June 2009

JUDGMENT OF : R A Hulme J

DECISION : Prohibition on publication to remain. Deceased may be identified by middle name only

CATCHWORDS : CRIMINAL LAW - procedure - S 11 Children (Criminal Proceedings) Act 1987 - whether anything may be published that may identify deceased child or siblings

LEGISLATION CITED : Children (Criminal Proceedings) Act 1987

CATEGORY : Principal judgment

CASES CITED : R v Thomas Sam; R v Manju Sam (No. 1) [2009] NSWSC 542

PARTIES : Regina v BW Regina v SW

FILE NUMBER(S) : SC 2008/16466; 2008/15683

Mr P Barnett SC (Crown) COUNSEL : Mr M Austin (BW) Mr D Stewart (SW) Ms S Kluss (others)

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

CORAM: R A Hulme

24 June 2009

2008/16466 R v BW 2008/15683 R v SW

JUDGMENT

1 HIS HONOUR: On the first day of this trial, Monday 18 May 2009, the provisions of s 11 of the Children (Criminal Proceedings) Act 1987 were brought to my attention. It was agreed by the parties that pursuant to those provisions there should be nothing published or broadcast that would identify the deceased child and that included the names of the two then accused persons. The provisions extend to prohibit publication or broadcast of anything that would identify the deceased's siblings.

2 That was the situation that pertained in so far as publication and broadcasting throughout the trial. Now, following verdicts of guilty delivered by the jury yesterday, it is appropriate to review the situation.