d
| IN THE SUPREME COURT OF VICTORIA | Not Restricted |
AT MELBOURNE
COMMON LAW DIVISION
NOTE: This proceeding is subject to a suppression order concerning identification of a minor
No. 6851 of 2006 – 6855 of 2006
6892 of 2006 – 6896 of 2006
6957 of 2006
| ALAN CHRISTOPHER HOWE & Ors | Appellants |
| v | |
| PETER HARVEY AND | Respondent |
| Director of Public Prosecutions (on behalf of PETER HARVEY) | Appellant |
| v | |
| JACQUELINE QUIST & Ors | Respondents |
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JUDGE: | WILLIAMS J | |
WHERE HELD: | Melbourne | |
DATE OF HEARING: | 2, 5 - 6 February 2007 | |
DATE OF JUDGMENT: | 8 May 2007 | |
CASE MAY BE CITED AS: | Howe & Ors v Harvey; DPP v Quist & Ors | |
MEDIUM NEUTRAL CITATION: | [2007] VSC 130 | |
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MAGISTRATES’ COURT – Appeals – Criminal law – Proceeding in The Children’s Court – Finding that ordinary reasonable reader or viewer of report of the proceeding would not know it had taken place in court named in s 26(1)(a) of Children and Young Persons Act 1989 (“the Act”) - Whether newspaper articles and telecasts were reports of the proceeding under s 26(1)(a) of the Act – Whether open on evidence to find that report likely to identify child or other party to the proceeding under s 26(1)(a)(ii) of the Act – Whether open to magistrate to find that report likely to identify witness in the proceeding under s 26(1)(a)(iii) of the Act - Whether picture published as being picture of child or other party to the proceeding under s 26(1)(b) of the Act - Whether open on evidence to find that matter published containing particulars likely to lead to identification of child as being the subject of an order made by The Children’s Court under s 26(1)(c) of the Act - Whether journalist lacking control over process of insertion of article in newspaper or content of telecast published a report under s 26(1)(a) of the Act
MAGISTRATES’ COURT – Costs – Whether error in exercise of discretion – Whether magistrate took into account irrelevant consideration – Whether acquitted defendant’s failure to act on warnings not to engage in behaviour the subject of charges was relevant consideration
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| APPEARANCES: Proceedings No 6892-5 and 6897 of 2006 and 6957 of 2006 | Counsel | Solicitors |
| For the appellants | Mr W T Houghton QC and Mr M Hoyne | Corrs Chambers Westgarth |
| For the respondent | Mr J Kennon SC and Ms F Ryan | Office of Public Prosecutions |
| Proceeding No 6896 of 2006 | ||
| For the appellant | Mr T E F Hughes QC and Mr T D F Hughes | Corrs Chambers Westgarth |
| For the respondent | Mr J Kennon SC and Ms F Ryan | Office of Public Prosecutions |
| Proceedings No 6851-3 of 2006 | ||
| For the appellant | Mr J Kennon SC and Ms F Ryan | Office of Public Prosecutions |
| For the respondents | Mr W T Houghton QC and Mr M Hoyne | Corrs Chambers Westgarth |
| Proceedings No 6854-5 of 2006 | ||
| For the appellant | Mr J Kennon SC and Ms F Ryan | Office of Public Prosecutions |
| For the respondents | Mr T E F… |
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- Case
- [2007] VSC 130
- Decision Date
CaseChat Overview and Summary
The court was required to decide whether the ordinary reasonable reader or viewer would perceive the media reports as proceeding reports under section 26(1)(a) of the Act. It was also necessary to determine if the magistrate was correct in finding that the media reports were likely to identify the child or other parties to the proceeding, as per section 26(1)(a)(ii) of the Act. Furthermore, the court needed to assess whether it was open to the magistrate to find that the reports were likely to identify a witness under section 26(1)(a)(iii) of the Act. Additionally, the court had to consider whether a picture published as being of a child or other party to the proceeding constituted a report under section 26(1)(b) of the Act, and if it was open to the magistrate to find that the matter published contained particulars likely to lead to the identification of the child under section 26(1)(c) of the Act.
In its reasoning, the court found that the magistrate’s decisions were based on sound evidence and were not an error in the exercise of discretion. The court held that the magistrate was correct in concluding that the media reports were likely to identify the children or other parties involved in the proceeding. The court also determined that it was open to the magistrate to find that the reports were likely to identify a witness, and that the picture published was indeed a report under the Act. The court further held that it was open to the magistrate to find that the published matter contained particulars likely to lead to the identification of the child. Regarding the question of whether a journalist lacking control over the insertion of an article in a newspaper or the content of a telecast published a report under the Act, the court found that this was indeed a report. Lastly, the court held that the magistrate did not take into account irrelevant considerations and that the acquitted defendant’s failure to act on warnings not to engage in the behaviour subject to the charges was not a relevant consideration in determining costs.
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