R v B.O. [2012] NSWDC 195

R v B.O. [2012] NSWDC 195

The likelihood and potential extent of harm to the accused's sons from compelling them to give evidence outweighs the desirability of the evidence being given. Section 18 applies to both direct and prior representation evidence, so prior recorded interviews also cannot be admitted under s 65, given the risk to the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 September 2012
Procedural Posture
Criminal / Interlocutory Voir Dire Ruling
Outcome
Children (the accused's sons) will not be compelled to give evidence; prior representations not admitted under s 65
Legal Topics
['child Witnesses' 'hearsay Exception' 'balancing Harm and Evidentiary Value' 'admissibility of Prior Representations']
['criminal Law' 'evidence Law'] ['child Witnesses' 'hearsay Exception' 'balancing Harm and Evidentiary Value' 'admissibility of Prior Representations']

Source-derived case record

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Procedural Posture

Criminal / Interlocutory Voir Dire Ruling

Legal Issues

  1. 1 ["Whether the accused's sons should be compelled to give evidence against their father under s 18 Evidence Act 1995" 'Whether prior recorded interviews and evidence can be admitted under s 65 Evidence Act 1995 after a s 18 ruling']

Ratio Decidendi

The likelihood and potential extent of harm to the accused's sons from compelling them to give evidence outweighs the desirability of the evidence being given. Section 18 applies to both direct and prior representation evidence, so prior recorded interviews also cannot be admitted under s 65, given the risk to the father-son relationship.

Court Disposition

Children (the accused's sons) will not be compelled to give evidence; prior representations not admitted under s 65

Orders

  • ['Application to compel children to give evidence refused' 'Prior recorded interviews and transcript of evidence not admitted under s 65 Evidence Act 1995']