R v Papley (No 2)

Case

[2017] NSWSC 1112

18 August 2017


Details
AGLC Case Decision Date
R v Papley (No 2) [2017] NSWSC 1112 [2017] NSWSC 1112 18 August 2017

CaseChat Overview and Summary

In the Supreme Court of Queensland, the case of R v Papley (No 2) involved the issue of a deceased child's identity in criminal proceedings. The child, Papley, was allegedly killed, but was found deceased before any proceedings could commence. The court was required to determine the appropriate name to be used in the proceedings and the identity of the next of kin to represent the child's interests.

The legal issue before the court was the appropriate name to be used for the deceased child, Papley, in the criminal proceedings, and whether there was a next of kin available to represent the child's interests. The court had to consider the Children (Criminal Proceedings) Act 1987 and the public interest in giving the child dignity and respect of a name.

The court held that the deceased child's middle name could be used in the proceedings in the absence of a senior next of kin. The court found that the public interest required that the child be given dignity and respect of a name, and that the use of the middle name was appropriate in these circumstances. The court also held that the deceased child's parents were not available to represent the child's interests as next of kin, as they were deceased. The court appointed a public representative to represent the child's interests.

The court ordered that the deceased child's middle name be used in the criminal proceedings, and that a public representative be appointed to represent the child's interests. The court's decision ensured that the deceased child was given the dignity and respect of a name, and that their interests were represented in the proceedings.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Criminal Liability

  • Sentencing

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Cases Citing This Decision

2

R v Papley (No 3) [2017] NSWSC 1415
R v Papley (No 3) [2017] NSWSC 1415
Cases Cited

2

Statutory Material Cited

1

R v Papley [2017] NSWSC 1068
R v BW and SW (No. 2) [2009] NSWSC 595
R v Papley [2017] NSWSC 1068