R v AB (No 1)

The appellant sought an order for the suppression and non-publication of the identity of the respondent in connection with historical sex offences for which the respondent had pleaded guilty. The court was asked to consider whether an order under the Court Suppression and Non-publication Orders Act 2010 (NSW) was necessary, given that the Children (Criminal Proceedings) Act 1987 (NSW) section 15A prohibited the identification of the respondent in relation to certain offences. This prohibition did not apply where the complainants consented to the publication of their names for the purposes of that Act, which they had done.

The court considered whether an order was necessary to protect the safety of the respondent or his family. It found that the respondents were not at risk of violence or intimidation, and that there was no evidence to suggest that the publication of the respondents' names would have any adverse impact on them or their family. The court concluded that the order was not necessary to protect the safety of the respondents or their family.

The court dismissed the application for the suppression and non-publication order, holding that it was not necessary in the circumstances. The court further found that the prohibition in the Children (Criminal Proceedings) Act 1987 (NSW) section 15A had been complied with, given that the complainants had consented to the publication of their names. The court emphasised the importance of the principle of open justice, and the need to balance this with the protection of the privacy and safety of individuals involved in criminal proceedings.