2 Nov 2013

Suicide risk wins name suppression

2:37 pm on 2 November 2013

A High Court judge has granted a sex offender permanent name suppression because she says naming him would increase the risk of him taking his own life.

The Auckland District Court had earlier heard that the man was suffering from post traumatic stress disorder after discovering the body of his son who had committed suicide.

The court was told he suffered a mental breakdown after the discovery, during which time he sexually abused two young boys.

The man last month pleaded guilty to two representative charges of indecent assault and was sentenced in the Auckland District Court to 12 months home detention.

Judge Eddie Paul declined to grant him permanent name suppression, citing the principle of open justice.

However, Justice Winkelmann overturned that decision on Friday because of a psychiatrist's evidence of the suicide risk.

The Crown had argued that naming criminals was part of the punishment and would protect the public from possible re-offending.

It is believed to be the first time permanent supression has been granted under such circumstances and University of Auckland associate professor Bill Hodge says the decision could set a dangerous precedent.

He says the use of suicide risk as a reason for name suppression could become a standard tactic by defence laywers.

However, media lawyer Steven Price says the case is unique and there is no chance it will spur more similar cases.