MA v Director of Public Prosecutions (NSW); AD v Director of Public Prosecutions (NSW)

(2025) 117 NSWLR 123; [2025] NSWCCA 54

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Procedure
2. › Suppression and non-publication orders
3. › Grounds for making order
4. › Whether order 'necessary' to protect safety of person
5. › Calculus of risk approach
6. › Psychological safety and risk of self-harm
7. › Whether worsening anxiety and increased risk of suicidal ideation sufficient
8. › Court Suppression and Non-Publication Orders Act 2010 (NSW), ss 7, 8
1. Criminal Procedure
2. › Suppression and non-publication orders
3. › Scope of orders
4. › Whether suppression orders made by one court bind another court
5. › Whether anonymisation of judgment necessary for coherence with District Court orders
6. › Court Suppression and Non-Publication Orders Act 2010 (NSW), s 7
1. Criminal Procedure
2. › Suppression and non-publication orders
3. › Open justice
4. › Whether public interest in open justice outweighed by applicants' mental health concerns
5. › Court Suppression and Non-Publication Orders Act 2010 (NSW), ss 6, 8(1)(c), 8(1)(d), 8(1)(e)

Quick Take

Worsening symptoms of anxiety and low mood, even with an increased risk of suicidal ideation, do not of themselves establish the necessity for a suppression order under s 8(1)(c) of the CSPO Act where the applicant has previously adopted coping mechanisms and the underlying stressor has been resolved.