R v Quinn (No 1) [2016] NSWSC 1101

R v Quinn (No 1) [2016] NSWSC 1101

The objection was upheld because Mrs Quinn's compelled oral evidence was likely to harm, or further harm, her relationship with her son, a relationship of central importance given his quadriplegia, and that harm outweighed the desirability of compelling her evidence. Although the murder charge was very serious and Mrs Quinn was an important witness, the Crown had substantial existing evidence from Mrs Quinn from shortly after the events, her committal evidence could be tendered, and other witnesses were available on the outstanding topic of the accused's relationship with the deceased.

Jurisdiction
Australia
Judgment Date
11 August 2016
Procedural Posture
Criminal Prosecution for Murder / Trial; Ruling on Objection Under S 18 of the Evidence Act 1995 (nsw) to Giving Evidence as a Prosecution Witness
Outcome
Objection upheld; witness not required to give evidence.
Legal Topics
['compellability of Parent as Prosecution Witness' 'objection to Giving Evidence' 'harm to Relationship Between Witness and Accused' 'murder Trial' 'substantial Impairment']
['criminal Law' 'evidence'] ['compellability of Parent as Prosecution Witness' 'objection to Giving Evidence' 'harm to Relationship Between Witness and Accused' 'murder Trial' 'substantial Impairment']

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Procedural Posture

Criminal Prosecution for Murder / Trial; Ruling on Objection Under S 18 of the Evidence Act 1995 (nsw) to Giving Evidence as a Prosecution Witness

Legal Issues

  1. 1 ["Whether Joanne Quinn, the accused's mother, should be required to give evidence as a prosecution witness despite her objection under s 18 of the Evidence Act 1995 (NSW)." 'Whether there was a likelihood that harm would or might be caused to the relationship between Mrs Quinn and the accused if she gave evidence, and whether the nature and extent of that harm outweighed the desirability of the evidence being given.']

Ratio Decidendi

The objection was upheld because Mrs Quinn's compelled oral evidence was likely to harm, or further harm, her relationship with her son, a relationship of central importance given his quadriplegia, and that harm outweighed the desirability of compelling her evidence. Although the murder charge was very serious and Mrs Quinn was an important witness, the Crown had substantial existing evidence from Mrs Quinn from shortly after the events, her committal evidence could be tendered, and other witnesses were available on the outstanding topic of the accused's relationship with the deceased.

Court Disposition

Objection upheld; witness not required to give evidence.

Orders

  • ['Joanne Quinn was not required to give evidence as a witness for the prosecution.']