NSW Caselaw
New South Wales Supreme Court
CITATION : R v PC; R v NLH [2010] NSWSC 533
HEARING DATE(S) : 24 May 2010
JUDGMENT DATE : 25 May 2010
JUDGMENT OF : R A Hulme J
DECISION : Prohibition on publication of names of deceased child, siblings and accused pursuant to s15A Children (Criminal Proceedings) Act 1987.
CATCHWORDS : CRIMINAL LAW - procedure - miscellaneous powers of courts and judges - suppression orders - non-publication of information identifying deceased child and siblings
LEGISLATION CITED : Children (Criminal) Proceedings) Act 1987 Children (Criminal Proceedings) Amendment (Naming of Children) Act 2009
CASES CITED : R v BW; R v SW (No 2) [2009] NSWSC 959 R v Thomas Sam; R v Manju Sam (No 1) [2009] NSWSC 542
Regina PARTIES : PC NLH Minister of Community Services and Director General, Community Services, Department of Human Services intervening
FILE NUMBER(S) : SC 2009/7744; 2009/7989
Ms J Baly (Crown) COUNSEL : Ms S Kluss (PC) Ms T Evers (NH) Ms M England (Intervenor)
Solicitor for Public Prosecutions SOLICITORS : A. W. Simpson & Co Rice More & Gibson Crown Solicitor's Office
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST
R A Hulme J
25 May 2010
2009/7744 R v PC 2009/7989 R v NLH
JUDGMENT 1 HIS HONOUR: The accused are charged with offences relating to the death on 6 May 2006 of their seven week old child.
2 On Monday 24 May 2010 the Minister of Community Services and the Director General, Community Services, Department of Human Services, sought leave to intervene in the proceedings in order to be heard on the question of whether any publication should be permitted that could identify, or lead to the identification of, the deceased child. They were both moved to do so out of concern for the interests of two other children, one who was a toddler at the time of the death of the deceased child (the older child) and the other who was only born last year (the younger child). Leave was granted to file in court a notice of motion and two supporting affidavits.
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