R v Droudis (No. 1) [2016] NSWSC 1975

Supreme Court New South Wales

Medium Neutral Citation: R v Droudis (No. 1) [2016] NSWSC 1975 Hearing dates: 8, 9 and 10 August 2016 Date of orders: 10 August 2016 Decision date: 10 August 2016 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: 1. For the purpose of s.15A Children (Criminal Proceedings) Act 1987, note that publication of the name or photograph of the deceased, [AA], would tend to identify her two children, [BB] and [CC]. 2. Continue non-publication order made on 8 August 2016 with respect to [EE] and [FF]. 3. Revoke non-publication order made on 5 August 2016 with respect to [BB], [CC] and [DD]. Catchwords: CRIMINAL LAW – murder trial - accused charged with murder of former wife of her partner - two children of deceased to be mentioned during trial - application of s.15A Children (Criminal Proceedings) Act 1987 - s.15A operates to prohibit publication of identity of young children of deceased - self-executing operation of s.15A - boys and mother have distinctive and unusual surnames - identification of deceased mother by name or photograph would serve to identify children Legislation Cited: Children (Criminal Proceedings) Act 1987 Court Suppression and Non-publication Orders Act 2010 Cases Cited: Application by John Fairfax Publications Pty Ltd re MSK and Others [2006] NSWCCA 386 R v BW and SW (No 2) (2009) 196 A Crim R 329; [2009] NSWSC 595 R v Sam (No. 1) [2009] NSWSC 542 Texts Cited: --- Category: Procedural and other rulings Parties: Regina (Crown) Amirah Droudis (Accused) Representation: Counsel: Mr M Tedeschi AM QC; Mr DT Scully (Crown) Mr MJ Ierace SC; Mr RJ Wilson (Accused) Ms LM Mullins, solicitor (Nationwide News Pty Limited and other media interests) Mr P Macarounas ([EE] and [FF])