State of NSW v Kay [2017] NSWSC 274

Supreme Court New South Wales

Medium Neutral Citation: State of NSW v Kay [2017] NSWSC 274 Hearing dates: 17 March 2017 Date of orders: 21 March 2017 Decision date: 21 March 2017 Jurisdiction: Common Law Before: Harrison J Decision: (1) Order that that the interim order made by me on 27 February 2017 suppressing publication of the name and image of the defendant be revoked. (2) I make no order as to the costs of this application. Catchwords: SUPPRESSION ORDERS – Court Suppression and Non-Publication Orders Act 2010 – primary objective of administration of justice is to safeguard the public interest in open justice – whether safety of high risk sex offender at risk – whether suppression order necessary – whether evidence sufficient to establish that an order is necessary for the safety of the defendant – whether order of any utility in any event Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 Crimes (High Risk Offenders) Act 2006 Cases Cited: Ashton v Pratt [2011] NSWSC 1092 Commissioner of the Australian Federal Police v Zhao (2015) 316 ALR 378; [2015] HCA 5 Fairfax Digital Australia & New Zealand Pty Ltd v Ibrahim [2012] NSWCCA 125 Hamzy v R [2013] NSWCCA 156 P1 v D1 [2012] NSWCA 314 R v Kay [2000] NSWSC 716 Regina v Kay [2002] NSWCCA 286 The State of New South Wales v Kay [2016] NSWSC 1820 Category: Procedural and other rulings Parties: State of New South Wales (Plaintiff) Graham James Kay (Defendant) Representation: Counsel: L Boyd (Plaintiff) T Gartelman SC and A Cook (Defendant) M Lewis (Intervenor)