R v MR, JB and CS (young persons) (No 4) [2024] NSWSC 909

R v MR, JB and CS (young persons) (No 4) [2024] NSWSC 909

Sections 26(a) and 26(d) of the Evidence Act 1995 (NSW) empower the Court to make orders allowing a witness intermediary to assist accused persons with communication while giving evidence, and doing so is fair and less prejudicial.

Parties
Crown: Rex; Accused: MR; Accused: JB; Accused: CS
Jurisdiction
Australia
Judgment Date
19 March 2024
Procedural Posture
Criminal / Procedural Ruling Regarding Use of Witness Intermediary
Outcome
Application granted for presence of witness intermediary with each accused person while giving evidence.
Legal Topics
Witness Intermediary, Communication Impairments, Trial Procedure
Criminal Law Witness Intermediary Communication Impairments Trial Procedure

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 3 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

Rex

Crown

MR

Accused

JB

Accused

CS

Accused

Procedural Posture

Criminal / Procedural Ruling Regarding Use of Witness Intermediary

Legal Issues

  1. 1 Whether the accused persons may have a witness intermediary present while giving evidence

Ratio Decidendi

Sections 26(a) and 26(d) of the Evidence Act 1995 (NSW) empower the Court to make orders allowing a witness intermediary to assist accused persons with communication while giving evidence, and doing so is fair and less prejudicial.

Court Disposition

Application granted for presence of witness intermediary with each accused person while giving evidence.

Orders

  • Ms Stein to sit beside each accused person and assist, if required, in accordance with her role as witness intermediary.
  • Jury direction: Ms Stein is independently present as a communication specialist; her presence is standard procedure, no inference should be drawn.