R v David Qin (No 2) [2008] NSWDC 169

R v David Qin (No 2) [2008] NSWDC 169

Portions of the victim impact statement that address physical harm, mental illness, or nervous shock may be admitted, but statements outside those categories must be excluded.

Jurisdiction
Australia
Judgment Date
07 March 2008
Procedural Posture
Criminal / Trial Objection to Victim Impact Statement
Outcome
Objection to contents of Victim Impact Statement allowed in part
Legal Topics
['victim Impact Statement' 'personal Harm' 'mental Illness' 'nervous Shock']
['criminal Law'] ['victim Impact Statement' 'personal Harm' 'mental Illness' 'nervous Shock']

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 / Trial Objection to Victim Impact Statement

Legal Issues

  1. 1 ['Whether contents of victim impact statement are admissible under the Crimes (Sentencing Procedure) Act 1999.']

Ratio Decidendi

Portions of the victim impact statement that address physical harm, mental illness, or nervous shock may be admitted, but statements outside those categories must be excluded.

Court Disposition

Objection to contents of Victim Impact Statement allowed in part

Orders

  • ['Parts of the victim impact statement that do not relate to physical harm, mental illness or nervous shock should be deleted']