R v Whale

Whale Oil has blogged the court summons he has received from the Police alleging breach of name suppression law.

He is due in court on the 5th of January. If he pleads not guilty, then it might be held over for hearing at a later date. He is seeking pro bono lawyers.

The Police have charged him over a post which they allege identifies the “musician” and for a post which they allege identifies the sportsman. In the latter case, they also allege his post identified the alleged victim.

The two charges of breaching a name suppression order are under s140(1) of the Criminal Justice Act 1985.  The maximum fine is $1,000 per offence, but this can be for every day the breach continues (if proven).

The charge of identifying the alleged victim is under s139(1), but also has a maximum fine of $1,000.

So even if Whale is found guilty, it would just be a fine at this stage. If it later turned into an issue of contempt of court, then a jailed whale would be a possibility 🙂