R v O’Toole (No. 2) [2020] NSWDC 432

R v O’Toole (No. 2) [2020] NSWDC 432

The accused may cross-examine the complainant on her statement made to the Royal Commission because the relevant statutory preconditions for privilege or confidentiality were not established, the statement was not made for the purposes of a private session, and there was no indication or order that the information would be treated as confidential under s 6ON of the Royal Commission Act 2006 (Cth).

Jurisdiction
Australia
Judgment Date
22 June 2020
Procedural Posture
Criminal / Application to Cross Examine Complainant on Statement
Outcome
application granted
Legal Topics
['cross Examination' 'privilege' 'public Interest Immunity' 'admissibility of Evidence']
['criminal Law' 'evidence'] ['cross Examination' 'privilege' 'public Interest Immunity' 'admissibility of Evidence']

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Procedural Posture

Criminal / Application to Cross Examine Complainant on Statement

Legal Issues

  1. 1 ['Whether the accused may cross-examine the complainant on her statement made to the Royal Commission into Institutional Responses to Child Sex Abuse' 'Whether Practice Guideline 1 and s 6OE/s 6ON of the Royal Commission Act 2006 (Cth) render the statement inadmissible' 'Whether privilege or public interest immunity applies or is waived']

Ratio Decidendi

The accused may cross-examine the complainant on her statement made to the Royal Commission because the relevant statutory preconditions for privilege or confidentiality were not established, the statement was not made for the purposes of a private session, and there was no indication or order that the information would be treated as confidential under s 6ON of the Royal Commission Act 2006 (Cth).

Court Disposition

application granted

Orders

  • ['The accused may further cross-examine the complainant on her statement made to the Royal Commission.']