R v Veitch [2013] NSWDC 97

R v Veitch [2013] NSWDC 97

Pre-offence psychiatric counselling and treatment documents up to the date of the offence do not constitute protected confidences within the meaning of s296 of the Criminal Procedure Act as they do not relate to relevant harm suffered by the complainant from the alleged sexual assault; accordingly, such records ought to be disclosed to the parties, subject to restrictions, to allow assessment of the complainant's reliability and credibility.

Parties
Prosecution: Director of Public Prosecutions; Accused: Joshua Veitch
Jurisdiction
Australia
Judgment Date
02 May 2013
Procedural Posture
Criminal / Pre Trial Disclosure Ruling
Outcome
Documents sought are not protected confidences and are to be disclosed, subject to restricted access conditions.
Legal Topics
Protected Confidences, Psychiatric Counselling, Credibility, Sexual Assault, Disclosure of Documents
Criminal Law Evidence Law Procedural Law Protected Confidences Psychiatric Counselling Credibility Sexual Assault Disclosure of Documents

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Parties

Director of Public Prosecutions

Prosecution

Joshua Veitch

Accused

Procedural Posture

Criminal / Pre Trial Disclosure Ruling

Legal Issues

  1. 1 Whether pre-offence psychiatric counselling and treatment documents are protected confidences under Div 2 of the Criminal Procedure Act
  2. 2 Whether such documents ought to be disclosed to the parties in the criminal trial
  3. 3 Application of s296, s298, s299D Criminal Procedure Act and s108C Evidence Act to the disclosure of psychiatric records

Ratio Decidendi

Pre-offence psychiatric counselling and treatment documents up to the date of the offence do not constitute protected confidences within the meaning of s296 of the Criminal Procedure Act as they do not relate to relevant harm suffered by the complainant from the alleged sexual assault; accordingly, such records ought to be disclosed to the parties, subject to restrictions, to allow assessment of the complainant's reliability and credibility.

Court Disposition

Documents sought are not protected confidences and are to be disclosed, subject to restricted access conditions.

Orders

  • Access to psychiatric records limited to counsel for accused, Crown, and complainant; complainant's counsel to have first access.
  • Material not to be copied except for use by expert psychiatric witness.