R v Cook (a pseudonym) [2019] NSWDC 420

R v Cook (a pseudonym) [2019] NSWDC 420

Although the proposed cross-examination was relevant and significantly probative, s293(2) and (3) prohibited it unless an exception in s293(4) applied. Section 293(4)(a) was not relied on and was not engaged, and s293(4)(b) was not engaged because the relevant relationship was between the complainant and a person other than the accused. The complainant therefore could not be cross-examined in the proposed manner.

Jurisdiction
Australia
Judgment Date
30 July 2019
Procedural Posture
Criminal / Voir Dire/procedural Ruling on Whether S293 of the Criminal Procedure Act 1986 (nsw) Prohibited a Proposed Line of Cross Examination of the Complainant
Outcome
Proposed cross-examination of the complainant prohibited by s293 of the Criminal Procedure Act 1986 (NSW).
Legal Topics
['sexual Offence Proceedings' 'cross Examination of Complainant' 'statutory Prohibition on Evidence' 'criminal Procedure Act 1986 (nsw) S293']
['criminal Law' 'criminal Procedure' 'evidence'] ['sexual Offence Proceedings' 'cross Examination of Complainant' 'statutory Prohibition on Evidence' 'criminal Procedure Act 1986 (nsw) S293']

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Procedural Posture

Criminal / Voir Dire/procedural Ruling on Whether S293 of the Criminal Procedure Act 1986 (nsw) Prohibited a Proposed Line of Cross Examination of the Complainant

Legal Issues

  1. 1 ['Whether s293 of the Criminal Procedure Act 1986 (NSW) prohibited proposed cross-examination of the complainant about her reporting of earlier sexual assaults and the Queensland proceedings.' 'Whether the proposed cross-examination fell within an exception in s293(4), particularly s293(4)(b).']

Ratio Decidendi

Although the proposed cross-examination was relevant and significantly probative, s293(2) and (3) prohibited it unless an exception in s293(4) applied. Section 293(4)(a) was not relied on and was not engaged, and s293(4)(b) was not engaged because the relevant relationship was between the complainant and a person other than the accused. The complainant therefore could not be cross-examined in the proposed manner.

Court Disposition

Proposed cross-examination of the complainant prohibited by s293 of the Criminal Procedure Act 1986 (NSW).

Orders

  • ['Proposed cross examination of complainant prohibited by s.293 of the Criminal Procedure Act 1986 (NSW).' 'Non publication order made of the name of the complainant or any other information which might directly or indirectly identify her, including the name of the accused.']