Hi,
In regards to the Janine Balding case, why does society know the identities of those who were convicted; since they were children/minors (Blessington - 14, Elliot - 16).
Why were the case citations not given pseudonyms (e.g. R v LMW)? Especially since Children (Criminal Proceedings) Act 1987 (Cwlth), was in place before the act was committed (1988) and before the trial (1990).
Thank you!!
Excellent question - and I'm glad to see you're using such an awesome case! I've searched around for this A LOT! Jamon is correct in his assumptions, and I have a few other ideas.
Bronson Blessington, since being in jail, has applied through every legal avenue available to him to be released. These have all been lodged as an adult, through the adult court system - so his name is extremely well known.
I asked my dad, just because he was a living, news-reading adult, at the time of the case initially coming to light, and he doesn't seem to recall that the identities were given out until they became adults and applied through legal avenues to have their sentences lessened. But, in saying this, the case has been given citation as you correctly point out, that doesn't abbreviate the names. Jamon's suggestions are as close as possible to what I see to be reality. I wish I could give you a definitive answer, but trust me I've looked!
Just to outline the key points of the case for a legal student:
-Life sentence given to a juvenile
-Served 28 years in prison - could serve 40, 50 more. What does this say about the burden to our system?
-The victim's mother caused an enormous conversation about whether or not we should bring back the death penalty (she thought we should).
-Mitigating circumstances (childhood abuse, mental disability, lack of education) yet he still received a life sentence.
-Blessington was subject to three sentencing procedures that did not even exist at the time of committing the crime.
I think the two best articles on this case are the following:
One:
http://www.smh.com.au/interactive/2016/locked-up-for-life/Two:
http://www.smh.com.au/nsw/bronson-blessington-former-dpp-nicholas-cowdery-backs-mercy-for-janine-balding-killer-20160205-gmmrfn.html (the second one is the DPP of the case asking for mercy - so interesting!)
Sorry I can't give you a direct answer. I've looked for it! If you do ever find it, please let me know!