R v Es

[2018] NSWSC 1720

Supreme Court

New South Wales

Medium Neutral Citation:	R v ES [2018] NSWSC 1720
Hearing dates:	26 July 2018
Decision date:	26 July 2018
Jurisdiction:	Common Law
Before:	McCallum J
Decision:	Pursuant to s 8(1)(a) of the Court Suppression and Non-Publication Orders Act direct that the name of and any identifying information about the offender not be published.
Catchwords:	Suppression and non-publication
Legislation Cited:	Court Suppression and Non-Publication Orders Act 2010 (NSW), s 8(1)(a) Children's (Criminal Proceedings) Act 1987 (NSW)
Category:	Procedural and other rulings
Parties:	ES (Offender) Regina (Crown)
Representation:	Counsel: S Corish (Offender) K Gilson (Crown)   Solicitors: Office of the Director of Public Prosecutions (Crown) Oxford Lawyers (Offender)
File Number(s):	2015/335226
Publication restriction:	Non publication orders have been made in relation to these proceedings.

Judgment

1. HER HONOUR: The offender in these proceedings has today pleaded guilty to the offence of manslaughter. The victim is his child and bears his surname. In those circumstances, it is prohibited to identify the victim and that carries with it some protection in respect of the identification of the offender. Mr Corish, who appears for the offender, has nonetheless sought an order, at least until the proceedings on sentence, pursuant to s 8(1)(a) of the Court Suppression and Non-Publication Orders Act 2010 (NSW). The basis for the application is twofold, firstly as an aid to the protection of the identity of the victim under the Children's (Criminal Proceedings) Act 1987 (NSW). Separately, however, Mr Corish relies on issues concerning the offender's safety in prison on the basis that if he is identified in respect of these allegations he is at greater risk of being assaulted whilst in custody.

2. The Crown opposes the making of an order on that basis, contending that the question of the safety of prisoners should be a matter for prison authorities. It is notorious, however, that certain kinds of offending attract greater risk of reprisal within the prison system and from other prisoners than others. Separately, in any event, I am satisfied that at least until the hearing of the proceedings on sentence it is appropriate to make the order as an aid to the administration of justice, in order to make more certain compliance with the prohibition on identifying the victim.

3. For those reasons, until further order, I direct that the name of and any identifying information about the offender not be published and I indicate that I make that order under s 8(1)(a) of the Court Suppression and Non-Publication Orders Act.

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Decision last updated: 13 November 2018