Supreme Court
New South Wales
Medium Neutral Citation: R v Xie (No. 5) [2014] NSWSC 588 Hearing dates: 5 May 2014 Decision date: 05 May 2014 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: For the purpose of s.15D(1)(a) Children (Criminal Proceedings) Act 1987, the Court gives consent to the publication of the names of Henry Lin and Terry Lin as part of any report of the proceedings.
Catchwords: CRIMINAL LAW - murder trial - deceased child victims - surviving sibling - parents of children also deceased - statutory regime prohibiting publication of names of children - whether consent ought be given for publication of names of deceased child victims - public interest test - open justice principle - consent given to publication of names of deceased child victims - surviving sibling does not consent to publication of her identity - statutory prohibition on publication remains in place concerning surviving sibling Legislation Cited: Children (Criminal Proceedings) Act 1987 Cases Cited: R v Sam (No 1) [2009] NSWSC 542
R v BW (No 2) [2009] NSWSC 595; 196 A Crim R 329
R v PC [2010] NSWSC 533Texts Cited: --- Category: Procedural and other rulings Parties: Regina (Crown)
Lian Bin (Robert) Xie (Accused)Representation: Counsel:
Solicitors:
Mr M Tedeschi AM QC; Ms KN Shead (Crown)
Mr GW Turnbull SC; Mr L Fernandez (Accused)
Office of the Director of Public Prosecutions (Crown)
Burke & Mead Lawyers (Accused)
File Number(s): 2011/147183 Publication restriction: * Restricted - Pending Jury Trial. On 12 January 2017, a jury returned verdicts of guilty on all counts. Sentence was passed on 13 February 2017: R v Xie [2017] NSWSC 63. * Subject to the operation of s.15B of the Children (Criminal Proceedings) Act 1987, s.15A of that Act operates to prohibit publication of the name and picture of Ms AB or of anything that is likely to lead to her identification. After 20 February 2017, the Court was informed that Ms Brenda Lin (Ms AB) had given her consent under s.15D(1)(b) and (3) of that Act to the publication or broadcasting of her identity.
Judgment
-
JOHNSON J: On Thursday next, 8 May 2014, the trial of the Accused, Lian Bin (Robert) Xie, will commence on five counts of murder. He is charged with the murder, on or about 18 July 2009, of Min (Norman) Lin, Yun Li (Lily) Lin, Yun Bin (Irene) Lin, Henry Lin and Terry Lin.
-
At the time of their deaths on 18 July 2009, Henry Lin was 12 years old and Terry Lin was nine years old. Min Lin and Lily Lin were the parents of Henry and Terry Lin.
-
The sole surviving member of the family is Ms AB who, as at July 2009, was aged 15 years.
-
In advance of the trial, an issue has been raised concerning the operation of provisions of the Children (Criminal Proceedings) Act 1987. Section 15A of that Act is self-executing in nature, and prohibits the publication or broadcast of certain…
Continue reading R v Xie (No. 5)
Sign in free to access the full text
- AGLC
- R v Xie (No. 5) [2014] NSWSC 588
- Case
- [2014] NSWSC 588
- Decision Date
CaseChat Overview and Summary
The court meticulously examined the statutory provisions, the public interest, and the open justice principle. It acknowledged the importance of transparency and the public's right to know in a criminal trial but also recognised the necessity of protecting the privacy and well-being of the surviving child. The court ultimately decided that the public interest in this case did not outweigh the need to protect the surviving sibling's identity and privacy. The statutory prohibition on the publication of the names of the deceased child victims was upheld, and the court did not grant consent for their publication.
Given the court's findings, the names of the deceased child victims were not to be published. The court also upheld the statutory prohibition on the publication of the surviving sibling's identity, emphasising the importance of protecting her privacy and well-being. The orders of the court were that the names of the deceased child victims would not be published, and the statutory prohibition on the publication of the surviving sibling's identity remained in place.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.