R v Cannon [2020] NSWDC 327

R v Cannon [2020] NSWDC 327

The combination of factors advanced by the accused do not constitute special reasons in the interests of justice under s 291 Criminal Procedure Act 1986 which would justify permitting his de facto spouse to be present during the presentation of the complainant’s evidence. The legislative purpose of minimising embarrassment and protecting privacy applies regardless of the complainant’s presence, and the circumstances are not out of the ordinary to warrant departure from the requirement for in camera proceedings.

Jurisdiction
Australia
Judgment Date
22 June 2020
Procedural Posture
Criminal / Application During Trial
Outcome
Application Refused
Legal Topics
['sexual Offence Proceedings' 'in Camera Hearings' 'special Reasons for Open Court']
['criminal Law'] ['sexual Offence Proceedings' 'in Camera Hearings' 'special Reasons for Open Court']

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Procedural Posture

Criminal / Application During Trial

Legal Issues

  1. 1 ["Whether the accused's de facto spouse should be permitted to remain in court during the presentation of the complainant's evidence"]

Ratio Decidendi

The combination of factors advanced by the accused do not constitute special reasons in the interests of justice under s 291 Criminal Procedure Act 1986 which would justify permitting his de facto spouse to be present during the presentation of the complainant’s evidence. The legislative purpose of minimising embarrassment and protecting privacy applies regardless of the complainant’s presence, and the circumstances are not out of the ordinary to warrant departure from the requirement for in camera proceedings.

Court Disposition

Application Refused

Orders

  • ["The application for the accused's de facto spouse to be present in court during the presentation of the complainant's evidence is refused"]