R v JRN (No. 2) [2019] NSWDC 497

R v JRN (No. 2) [2019] NSWDC 497

Affidavits filed in Family Court proceedings are caught by the Harman principle due to their compulsory nature, and cannot be used for cross-examination in criminal proceedings without leave of the Family Court.

Parties
Crown: Director of Public Prosecutions; Accused: JN
Jurisdiction
Australia
Judgment Date
08 May 2019
Procedural Posture
Criminal / Evidentiary Ruling
Outcome
Application refused
Legal Topics
Evidence, Cross Examination, Use of Affidavits, Implied Undertaking
Criminal Law Procedure Evidence Cross Examination Use of Affidavits Implied Undertaking

Case Brief

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Parties

Director of Public Prosecutions

Crown

JN

Accused

Procedural Posture

Criminal / Evidentiary Ruling

Legal Issues

  1. 1 Whether the accused may cross-examine a witness on the contents of an affidavit filed in Family Court proceedings.
  2. 2 Whether the Harman principle prohibits the use of such affidavit in the current criminal trial.

Ratio Decidendi

Affidavits filed in Family Court proceedings are caught by the Harman principle due to their compulsory nature, and cannot be used for cross-examination in criminal proceedings without leave of the Family Court.

Court Disposition

Application refused

Orders

  • The accused is not permitted to cross-examine the witness LW further on the affidavit or tender it in the trial.