R v Meredith (No 3) [2024] NSWDC 248

R v Meredith (No 3) [2024] NSWDC 248

Given all complainants fall within the definition of 'vulnerable persons' under the Act, there is ample unopposed evidence justifying the appointment of Lenore Scali as witness intermediary and support person for W.A., D.C., K.C., and N.R. to assist with communication during their evidence, pursuant to s 306ZK Criminal Procedure Act 1986.

Jurisdiction
Australia
Judgment Date
27 June 2024
Procedural Posture
Criminal / Procedural Ruling on Application for Witness Intermediary
Outcome
Orders made granting the application for witness intermediary.
Legal Topics
['witnesses' 'vulnerable Witnesses' 'support Person' 'witness Intermediary']
['criminal Law' 'procedure'] ['witnesses' 'vulnerable Witnesses' 'support Person' 'witness Intermediary']

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Procedural Posture

Criminal / Procedural Ruling on Application for Witness Intermediary

Legal Issues

  1. 1 ["Whether complainants are 'vulnerable persons' entitled to presence of support person as witness intermediary under s 306ZK Criminal Procedure Act 1986" 'Whether support person may assist in communication for vulnerable witnesses during evidence']

Ratio Decidendi

Given all complainants fall within the definition of 'vulnerable persons' under the Act, there is ample unopposed evidence justifying the appointment of Lenore Scali as witness intermediary and support person for W.A., D.C., K.C., and N.R. to assist with communication during their evidence, pursuant to s 306ZK Criminal Procedure Act 1986.

Court Disposition

Orders made granting the application for witness intermediary.

Orders

  • ['For each of W.A., D.C., K.C., and N.R., Lenore Scali to be present as witness intermediary in the remote witness room for duration of their evidence, and to assist with communication on account of impairment, disability, or communication difficulty, with questioning to adhere to Communication Assessment Report...