R v A1 (No. 1) [2019] NSWSC 611

Supreme Court New South Wales

Medium Neutral Citation: R v A1 (No. 1) [2019] NSWSC 611 Hearing dates: 22 May 2019 Date of orders: 22 May 2019 Decision date: 22 May 2019 Jurisdiction: Common Law Before: Johnson J Decision: See [33] for orders. Catchwords: CRIMINAL LAW - murder trial - application by Crown before trial for non-publication and pseudonym orders - whether orders sought necessary to protect safety of persons - "calculus of risk" approach - orders made Legislation Cited: Court Suppression and Non-publication Orders Act 2010 Evidence (Audio and Audio Visual Links) Act 1998 Evidence Act 1995 Cases Cited: AB (A Pseudonym) v R (No. 3) [2019] NSWCCA 46 Darren Brown (a pseudonym) v R (No. 2) [2019] NSWCCA 69 R v Qaumi and Ors (AVL) [2015] NSWSC 1711 R v Ngo (2003) 57 NSWLR 55; [2003] NSWCCA 82 R v Ngo (No. 2) (2001) 124 A Crim R 151; [2001] NSWSC 339 R v Xie (No. 12) [2014] NSWSC 1980 Texts Cited: --- Category: Procedural and other rulings Parties: Regina (Crown) A1 (Accused) Representation: Counsel: Mr RA Herps (Crown) Mr K Chapple SC (Accused) Mr RJ Wilson (for C1)

Solicitors: Director of Public Prosecutions (Crown) Allied Lawyers (Accused) Legal Aid NSW (for C1) File Number(s): 2015/296084 Publication restriction: Publication of this judgment was restricted whilst the jury trial with respect to the Accused was on foot. In July 2019, the Accused was found guilty of murder. On 9 August 2019, the Court authorised the publication of this judgment subject to redactions which had been made after consultation with the parties and counsel for C1.