R v Fletcher [2015] NSWSC 1630

R v Fletcher [2015] NSWSC 1630

Potential harm to the applicant or her relationship with her father is not sufficient to outweigh the desirability of having her evidence in a murder trial; thus, objection is not upheld and the applicant must give evidence if called.

Jurisdiction
Australia
Judgment Date
05 November 2015
Procedural Posture
Criminal / Objection Ruling During Murder Trial
Outcome
Objection not upheld
Legal Topics
['compellability of Witnesses' 'objection Under S 18 Evidence Act' 'child Witness in Murder Trial']
['criminal Law' 'evidence Law'] ['compellability of Witnesses' 'objection Under S 18 Evidence Act' 'child Witness in Murder Trial']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Objection Ruling During Murder Trial

Legal Issues

  1. 1 ['Whether the applicant should be compelled to give evidence as a Crown witness under section 18 of the Evidence Act 1995 (NSW)']

Ratio Decidendi

Potential harm to the applicant or her relationship with her father is not sufficient to outweigh the desirability of having her evidence in a murder trial; thus, objection is not upheld and the applicant must give evidence if called.

Court Disposition

Objection not upheld

Orders

  • ['Ms Parker must give evidence if called by either party.']