R v Hutchison, Wilkinson & Greentree (No 3) [2018] NSWSC 1758

Supreme Court New South Wales

Medium Neutral Citation: R v Hutchison, Wilkinson & Greentree (No 3) [2018] NSWSC 1758 Hearing dates: 15 August 2018 Decision date: 16 November 2018 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: (1) A suppression order is made over the surname of the deceased and the children who gave evidence in the trial. (2) A non-publication order is made over the contents of exhibit H-15 (agreed facts in relation to the Family Court proceedings) beyond the details published in the judgment known as R v Hutchison & Wilkinson [2018] NSWSC 1759. (3) Apart from the file copy of the judgment of R v Hutchison & Wilkinson [2018] NSWSC 1759, the following pseudonyms are to be used in the published and online version of that judgment: a. "Walker" for the family name of the deceased. b. "April" for the first name of the daughter of the deceased. c. "Toby" for the first name of the son of the deceased. d. "Tiffany Johnson" for the name of the friend of the daughter of the deceased who gave evidence in the proceedings. (4) These orders are made pursuant to the grounds set out in s 8(1)(a) and 8(1)(e) of the Courts Suppression and Non-Publication Orders Act 2010. (5) Pursuant to s 11, these orders will have effect throughout the Commonwealth of Australia. (6) Pursuant to s 12, these orders are to remain in force until further order of the Court. Catchwords: CRIMINAL LAW – suppression orders – non-publication orders – necessity – identity of children – family court proceedings – where statutory prohibition on publication – whether necessary or appropriate to make orders – where material subject to statutory prohibition adduced in evidence – where knowledge of material necessary for understanding of judgment – pseudonym orders Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 15A Court Suppression and Non Publication Orders Act 2010 (NSW), ss 6, 8, 10, 11 and 12 Family Law Act 1975 (Cth), s 121 Cases Cited: Application by John Fairfax Publications Pty Ltd re MSK and Others [2006] NSWCCA 386 R v Hutchison & Wilkinson [2018] NSWSC 1759 Category: Procedural and other rulings Parties: Regina Raquel Hutchison Paul Wilkinson Daniel Greentree Representation: Counsel: M Cunneen SC (Crown) B Rigg SC & S Beckett (Hutchison) M Ainsworth (Wilkinson) I Todd (Greentree)