Hayward v R [2018] NSWCCA 104

Hayward v R [2018] NSWCCA 104

Reports to the Department of Family and Community Services are not admissible in criminal proceedings in the Supreme Court under s 29(1)(d) of the Children and Young Persons (Care and Protection) Act 1998 (NSW), as neither the general phrase 'any proceedings' nor the specific exception for 'proceedings in relation to a child or young person before the Supreme Court' extends to criminal prosecutions. The exception is confined to proceedings concerning the legal rights, interests, or welfare of a child, not criminal proceedings where a child is a victim.

Jurisdiction
Australia
Judgment Date
04 June 2018
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Substantive Appeal
Outcome
Leave to appeal granted; appeal dismissed; proceedings remitted to District Court.
Legal Topics
['admissibility of Evidence' 'child Protection Reports' 'principle of Legality' 'fair Trial Rights']
['criminal Law' 'statutory Interpretation'] ['admissibility of Evidence' 'child Protection Reports' 'principle of Legality' 'fair Trial Rights']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 ['Whether reports made to Department of Family and Community Services are admissible in criminal proceedings in Supreme Court under s 29(1)(d)(iii) of the Children and Young Persons (Care and Protection) Act 1998 (NSW)' "Whether 'any proceedings' in s 29(1)(d) includes criminal proceedings" "Whether 'proceedings in relation to a child or young person before the Supreme Court' includes criminal proceedings on indictment where a child is the victim"]

Ratio Decidendi

Reports to the Department of Family and Community Services are not admissible in criminal proceedings in the Supreme Court under s 29(1)(d) of the Children and Young Persons (Care and Protection) Act 1998 (NSW), as neither the general phrase 'any proceedings' nor the specific exception for 'proceedings in relation to a child or young person before the Supreme Court' extends to criminal prosecutions. The exception is confined to proceedings concerning the legal rights, interests, or welfare of a child, not criminal proceedings where a child is a victim.

Court Disposition

Leave to appeal granted; appeal dismissed; proceedings remitted to District Court.

Orders

  • ['Grant the applicant leave to appeal.' 'Dismiss the appeal.' 'Remit the proceedings to the District Court of New South Wales at Sydney on 15 June 2018.']