R v Xie (No. 5) [2014] NSWSC 588

Supreme Court New South Wales

Medium Neutral Citation: R v Xie (No. 5) [2014] NSWSC 588 Hearing dates: 5 May 2014 Decision date: 05 May 2014 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: For the purpose of s.15D(1)(a) Children (Criminal Proceedings) Act 1987, the Court gives consent to the publication of the names of Henry Lin and Terry Lin as part of any report of the proceedings. Catchwords: CRIMINAL LAW - murder trial - deceased child victims - surviving sibling - parents of children also deceased - statutory regime prohibiting publication of names of children - whether consent ought be given for publication of names of deceased child victims - public interest test - open justice principle - consent given to publication of names of deceased child victims - surviving sibling does not consent to publication of her identity - statutory prohibition on publication remains in place concerning surviving sibling Legislation Cited: Children (Criminal Proceedings) Act 1987 Cases Cited: R v Sam (No 1) [2009] NSWSC 542 R v BW (No 2) [2009] NSWSC 595; 196 A Crim R 329 R v PC [2010] NSWSC 533 Texts Cited: --- Category: Procedural and other rulings Parties: Regina (Crown) Lian Bin (Robert) Xie (Accused) Representation: Counsel: Mr M Tedeschi AM QC; Ms KN Shead (Crown) Mr GW Turnbull SC; Mr L Fernandez (Accused)

Solicitors: Office of the Director of Public Prosecutions (Crown) Burke & Mead Lawyers (Accused) File Number(s): 2011/147183 Publication restriction: * Restricted - Pending Jury Trial. On 12 January 2017, a jury returned verdicts of guilty on all counts. Sentence was passed on 13 February 2017: R v Xie [2017] NSWSC 63. * Subject to the operation of s.15B of the Children (Criminal Proceedings) Act 1987, s.15A of that Act operates to prohibit publication of the name and picture of Ms AB or of anything that is likely to lead to her identification. After 20 February 2017, the Court was informed that Ms Brenda Lin (Ms AB) had given her consent under s.15D(1)(b) and (3) of that Act to the publication or broadcasting of her identity.