R v Hines (No 2) [2014] NSWSC 990

R v Hines (No 2) [2014] NSWSC 990

Given the agreement of both parties, the status of the witness as a child, and counsel's indication that the accused is not prejudiced (and may gain a forensic advantage), it is appropriate to grant the order under s 26(a) Evidence Act 1995 (NSW) for the child witness's evidence to be given by recorded interview and closed-circuit television.

Jurisdiction
Australia
Judgment Date
24 June 2014
Procedural Posture
Criminal / Procedural and Other Rulings
Outcome
Order made under s 26(a) Evidence Act 1995 (NSW) for the child witness's questioning via recorded interview and balance of evidence by closed-circuit television.
Legal Topics
['child Witness' 'recorded Interview' 'closed Circuit Television' 'control of Questioning']
['criminal Law' 'evidence'] ['child Witness' 'recorded Interview' 'closed Circuit Television' 'control of Questioning']

Case Brief

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Procedural Posture

Criminal / Procedural and Other Rulings

Legal Issues

  1. 1 ["Whether the Court should order that the child witness's evidence be given by way of a recorded interview and by closed-circuit television pursuant to s 26(a) Evidence Act 1995 (NSW)"]

Ratio Decidendi

Given the agreement of both parties, the status of the witness as a child, and counsel's indication that the accused is not prejudiced (and may gain a forensic advantage), it is appropriate to grant the order under s 26(a) Evidence Act 1995 (NSW) for the child witness's evidence to be given by recorded interview and closed-circuit television.

Court Disposition

Order made under s 26(a) Evidence Act 1995 (NSW) for the child witness's questioning via recorded interview and balance of evidence by closed-circuit television.

Orders

  • ['The witness, SJ, is to be questioned by playing the recorded interview made 5 March 2013.' 'The balance of the evidence is to be given by closed-circuit television.']