Regina v MTN; Regina v CVH [2002] NSWSC 493

Regina v MTN; Regina v CVH [2002] NSWSC 493

The Supreme Court has both statutory and inherent jurisdiction to order that cross-examination on a voir dire be conducted in a closed court where necessary, particularly where the safety and apprehension of a witness are at stake and the matter is not a final determination of rights or liabilities.

Parties
Crown: Regina; Accused: MTN; Accused: CVH
Jurisdiction
Australia
Judgment Date
30 January 2002
Procedural Posture
Criminal / Voir Dire Hearing
Outcome
Order granted for closed court during cross-examination on voir dire.
Legal Topics
Audiovisual Link, Closed Court, Inherent Jurisdiction, Statutory Jurisdiction, Open Justice, Voir Dire
Criminal Law Practice and Procedure Audiovisual Link Closed Court Inherent Jurisdiction Statutory Jurisdiction Open Justice Voir Dire

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Parties

Regina

Crown

MTN

Accused

CVH

Accused

Procedural Posture

Criminal / Voir Dire Hearing

Legal Issues

  1. 1 Whether the cross-examination of a witness on a voir dire may be conducted in a closed court under statutory or inherent jurisdiction

Ratio Decidendi

The Supreme Court has both statutory and inherent jurisdiction to order that cross-examination on a voir dire be conducted in a closed court where necessary, particularly where the safety and apprehension of a witness are at stake and the matter is not a final determination of rights or liabilities.

Court Disposition

Order granted for closed court during cross-examination on voir dire.

Orders

  • Cross-examination on voir dire to be conducted in a closed court.