Lacey (a pseudonym) v Attorney General for New South Wales

2 NSWLR 740; [2021] NSWCA 27

NSW Court of Appeal

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Interrogate

Catchwords

1. Courts
2. › Jurisdiction
3. › Criminal jurisdiction of Children's Court
4. › Powers to deal with criminal charges against a young person
5. › Whether Children's Court has power to order that charges be heard by a female magistrate
6. › Whether power to make conditional stay including condition as to sex of magistrate
7. › Children (Criminal Proceedings) Act 1987 (NSW), ss 6, 10, 12, 27
8. › Local Court Act 2007 (NSW), s 28
1. Appeals
2. › Appeal from Children's Court to Supreme Court
3. › Interlocutory orders in summary proceedings
4. › Whether refusal of application for female magistrate constituted interlocutory order amenable to appeal
5. › Crimes (Appeal and Review) Act 2001 (NSW), s 53(3)(b)
1. Courts
2. › Suppression and non-publication orders
3. › Power to restrict disclosure of evidence
4. › Whether cultural concerns of Aboriginal person could ground order restricting viewing of video evidence by males
5. › Court Suppression and Non-publication Orders Act 2010 (NSW), ss 7, 8

Quick Take

The Children's Court (and by extension the Local Court) has power to impose conditions on a stay of proceedings that include requiring the matter be heard by a magistrate of a particular sex, and the Court Suppression and Non-publication Orders Act can be invoked on cultural grounds under s 8(1)(e).