NSW Caselaw
New South Wales Supreme Court
CITATION : R v Thomas Sam; R v Manju Sam (No. 1) [2009] NSWSC 542
HEARING DATE(S) : 4 May 2009
JUDGMENT DATE : 4 May 2009
JUDGMENT OF : Johnson J at 1
EX TEMPORE JUDGMENT DATE : 4 May 2009
DECISION : 1. Order made under s.11 Children (Criminal Proceedings) Act 1987 permitting publication of the name of the child, Gloria Mary Thomas. 2. Application by Accused for a non-publication order declined.
CATCHWORDS : CRIMINAL LAW - accused charged with manslaughter by criminal negligence - alleged omission by parents to obtain appropriate medical assistance for infant daughter - statutory prohibition upon publication of name of child - whether public interest requires publication of name of child - purpose of s.11 Children (Criminal Proceedings) Act 1987 - publication cannot harm deceased child - open justice principle - publication of name of child allowed
LEGISLATION CITED : Children (Criminal Proceedings) Act 1987
CATEGORY : Procedural and other rulings
CASES CITED : Application by John Fairfax Publications Pty Limited re MSK, MAK, MMK and MRK [2006] NSWCCA 126
Regina (Crown) PARTIES : Thomas Sam (Accused) Manju Sam (Accused)
FILE NUMBER(S) : SC 2008/19298; 2008/12927
Mr M Tedeschi QC; Ms G O'Rourke (Crown) COUNSEL : Ms C Davenport SC (Accused/Thomas Sam) Mr T Molomby SC (Accused/Manju Sam)
Solicitor for Public Prosecutions (Crown) SOLICITORS : Karp O'Neill (Accused/Thomas Sam) Legal Aid NSW (Accused/Manju Sam)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate