AB (A Pseudonym) v R (No 3) [2019] NSWCCA 46

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: AB (A Pseudonym) v R (No 3) [2019] NSWCCA 46 Hearing dates: 20 February 2019 Decision date: 08 March 2019 Before: Hoeben CJ at CL at [1]; Price J at [1]; Adamson J at [1] Decision: (1) Grant leave to appeal against the decision of Williams SC DCJ on 23 January 2019 to refuse to make a non-publication order in respect of the applicant's identity.

(2) Allow the appeal.

(3) Order pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW):

(a) that the applicant be referred to by the pseudonym AB.

(b) that publication of any information:

(i) tending to reveal the identity of AB, a party to these proceedings, in connection with these proceedings or in connection with the evidence given in these proceedings or in connection with information about evidence given in these proceedings; or

(ii) tending to reveal the identity of AB's spouse or children in connection with these proceedings or in connection with the evidence given in these proceedings or in connection with information about evidence given in these proceedings;

be prohibited.

(4) Order (3) shall apply:

(a) to all media including but not limited to print, radio, television, internet and social media;

(b) anywhere in the Commonwealth;

(c) until 20 years from the date of this order.

(5) Order (3) is made on the ground under s 8(1)(c) of the Court Suppression and Non-Publication Orders Act 2010 (NSW) that the order is necessary to protect the safety of any person, namely, AB and AB's spouse and children. Catchwords: CRIMINAL PROCEDURE – suppression and non-publication orders – appeal against decision not to make non-publication order – leave granted on grounds that court below materially misconstrued s 8(1)(c) of Court Suppression and Non-Publication Orders Act 2010 (NSW) by adopting probable harm test – calculus of risk approach adopted