R v James Duncan SMITH [2009] NSWDC 244

R v James Duncan SMITH [2009] NSWDC 244

It was appropriate to close the Court during the next witness's evidence because she was sixteen, was expected to give evidence of alleged sexual assaults by the accused to be relied upon as tendency evidence, had previously been the complainant in a separate prosecution of the accused in which she gave evidence in camera under section 291, and the same reasons for protecting a complainant's evidence applied to her similar evidence in these proceedings.

Jurisdiction
Australia
Judgment Date
06 May 2009
Procedural Posture
Criminal Jury Trial / Application by the Crown Prosecutor for a Direction Under Section 291 a of the Criminal Procedure Act 1986 That Proceedings Be Held in Camera During the Next Witness's Evidence
Outcome
Application granted; proceedings directed to be held in camera during the evidence of the next witness, with one support person exempted.
Legal Topics
['in Camera Proceedings' 'section 291 a Direction' 'tendency Evidence' 'child Witness' 'sexual Assault Allegations']
['criminal Law' 'criminal Procedure' 'evidence'] ['in Camera Proceedings' 'section 291 a Direction' 'tendency Evidence' 'child Witness' 'sexual Assault Allegations']

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Procedural Posture

Criminal Jury Trial / Application by the Crown Prosecutor for a Direction Under Section 291 a of the Criminal Procedure Act 1986 That Proceedings Be Held in Camera During the Next Witness's Evidence

Legal Issues

  1. 1 ['Whether the proceedings should be held in camera during the evidence of a sixteen year old witness under section 291A of the Criminal Procedure Act 1986.' 'Whether a support person identified by the Crown Prosecutor should be exempted from the in camera direction.']

Ratio Decidendi

It was appropriate to close the Court during the next witness's evidence because she was sixteen, was expected to give evidence of alleged sexual assaults by the accused to be relied upon as tendency evidence, had previously been the complainant in a separate prosecution of the accused in which she gave evidence in camera under section 291, and the same reasons for protecting a complainant's evidence applied to her similar evidence in these proceedings.

Court Disposition

Application granted; proceedings directed to be held in camera during the evidence of the next witness, with one support person exempted.

Orders

  • ['Under section 291A of the Criminal Procedure Act 1986 the proceedings are to be held in camera during the evidence of the next witness.' "A support person identified by the Crown Prosecutor, the witness's grandmother, is exempt from the direction."]