Regina v Williams [2003] NSWSC 959

Regina v Williams [2003] NSWSC 959

Section 30A is broad enough to permit persons who made the victim impact statement, as victims, to appoint a representative (such as a first cousin) to read the statement in court during sentencing proceedings, provided there is adequate evidence of the appointment.

Jurisdiction
Australia
Judgment Date
08 October 2003
Procedural Posture
Criminal / Sentencing Proceedings – Application to Read Victim Impact Statement
Outcome
Application granted
Legal Topics
['victim Impact Statement' 'reading of Victim Impact Statement' 'who Is a Representative of a Deceased Victim']
['criminal Law'] ['victim Impact Statement' 'reading of Victim Impact Statement' 'who Is a Representative of a Deceased Victim']

Case Brief

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Procedural Posture

Criminal / Sentencing Proceedings – Application to Read Victim Impact Statement

Legal Issues

  1. 1 ["Whether a first cousin of the deceased may read a victim impact statement as a 'representative' under s 30A Crimes (Sentencing Procedure) Act 1999"]

Ratio Decidendi

Section 30A is broad enough to permit persons who made the victim impact statement, as victims, to appoint a representative (such as a first cousin) to read the statement in court during sentencing proceedings, provided there is adequate evidence of the appointment.

Court Disposition

Application granted

Orders

  • ['First cousin of the deceased, as representative of the persons who made the statement, permitted to read the victim impact statement to the Court.']