Abuse: Pseudonym application refused

Lucas v State of New South Wales [2024]

Recently, the Supreme Court of NSW had to consider whether they would grant a pseudonym application. A “pseudonym order” if granted, means that one or more of the parties to a proceedings will have their identity obscured or protected by a pseudonym or fictitious name.

Facts

The Plaintiff was serving a term of imprisonment at a Correctional Centre for aggravated break and enter of a dwelling. The Plaintiff sought an order under s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW), that he should be identified in connection with the proceedings with a pseudonym, on the basis that he held fears for his own and his family’s safety due to being a victim of child sexual abuse.

The Plaintiff further stated that he feared that his family may be stood over and demands may be made of them for money if his name became disclosed.

Decision

The Court noted that certain victims of child sexual abuse or sexual abuse victims have a statutory right to anonymity, namely under the Crimes Act 1900 (NSW), Children (Criminal Proceedings) Act 1997 (NSW) as well as the Court Suppression and Non-Publication Orders Act.

The Court considered that under the Suppression and Non-Publication Orders Act, the right to anonymity is dependent upon what the court considers to be necessary in the particular circumstances of the case. The Court held that the Plaintiff was not entitled to the protection of the Crimes Act or the Children (Criminal Proceedings) Act because he had not been and was not a complainant or witness in a criminal proceeding related to child sexual abuse.

Justice Campbell was of the opinion that there was no evidence to suggest that the Plaintiff’s family were in any way at risk if the Plaintiff’s child sexual abuse was made aware to the public.

Takeaway

Although the right to anonymity exists in certain circumstances, the Courts will be discerning about a pseudonym application and ensure that the entitlement is applicable in the circumstances of the case. The justice system aims to protect all parties and is often required to balance competing interests including accountability and deterrence, against privacy and safety.

The contents of this article should be for reference purposes only. This publication does not constitute legal advice and should not be relied upon as legal advice. Specific legal advice should always be sought separately before taking any action based on this publication.