R v Hawkins (No 3) [2020] NSWSC 1339

R v Hawkins (No 3) [2020] NSWSC 1339

The application was refused because there was no compelling reason to permit Ms Lethbridge's grandfather to be present as a support person: no medical or psychological evidence supported the need for a support person or showed that it would alleviate stress; the witness was already permitted to give evidence by AVL from Newcastle; the courtroom AVL view would not allow the Court and jury to monitor whether the support person was gesturing, nodding or assisting; the grandfather could not be regarded as truly independent given his relationship with the witness and likely discussions about the events; and Ms Lethbridge did not fall within the categories in s 306ZK of the Criminal Procedure...

Jurisdiction
Australia
Judgment Date
18 September 2020
Procedural Posture
Criminal Procedure Ruling in a Trial / Crown Notice of Motion for a Witness to Have a Support Person Present While Giving Evidence by AVL
Outcome
Crown application refused; notice of motion dismissed.
Legal Topics
['witness Examination' 'support Person for Witness' 'avl Evidence' 'fair Trial' 'potential Prejudice']
['criminal Law' 'criminal Procedure' 'evidence'] ['witness Examination' 'support Person for Witness' 'avl Evidence' 'fair Trial' 'potential Prejudice']

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Procedural Posture

Criminal Procedure Ruling in a Trial / Crown Notice of Motion for a Witness to Have a Support Person Present While Giving Evidence by AVL

Legal Issues

  1. 1 ['Whether Taylah Lethbridge should be permitted to have her grandfather, Anthony Lethbridge, present in the AVL suite as a support person while she gives evidence.' "Whether the absence of medical or psychological evidence and the witness's exclusion from the categories in s 306ZK of the Criminal Procedure Act 1986 (NSW) justified refusing the application." "Whether the proposed support person's presence by AVL could create a perception of unfairness or potential unfairness to the accused."]

Ratio Decidendi

The application was refused because there was no compelling reason to permit Ms Lethbridge's grandfather to be present as a support person: no medical or psychological evidence supported the need for a support person or showed that it would alleviate stress; the witness was already permitted to give evidence by AVL from Newcastle; the courtroom AVL view would not allow the Court and jury to monitor whether the support person was gesturing, nodding or assisting; the grandfather could not be regarded as truly independent given his relationship with the witness and likely discussions about the events; and Ms Lethbridge did not fall within the categories in s 306ZK of the Criminal Procedure...

Court Disposition

Crown application refused; notice of motion dismissed.

Orders

  • ['The notice of motion filed in court on 18 September 2020 is dismissed.' 'Ms Lethbridge is not permitted to have the nominated support person, her Grandfather, Mr Anthony Lethbridge, present in the AVL suite whilst giving her evidence.']