R v Hunter (No 11) [2014] NSWSC 1154

R v Hunter (No 11) [2014] NSWSC 1154

In the circumstances of this trial, if a witness objects to giving evidence and is granted a certificate under s 128 Evidence Act, the jury should be briefly informed of the fact and its effect to avoid speculation and maintain consistency.

Parties
Prosecution: Regina; Accused: Paul Andrew Hunter
Jurisdiction
Australia
Judgment Date
14 July 2014
Procedural Posture
Criminal / Interlocutory Application
Outcome
Indication of proposed judicial procedure; not a formal ruling or order
Legal Topics
Witness, Examination in Chief, Certificate Under S 128 Evidence Act, Jury Directions
Criminal Law Evidence Witness Examination in Chief Certificate Under S 128 Evidence Act Jury Directions

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Parties

Regina

Prosecution

Paul Andrew Hunter

Accused

Procedural Posture

Criminal / Interlocutory Application

Legal Issues

  1. 1 Whether the jury should be informed of the grant of a certificate under s 128 of the Evidence Act and its effect

Ratio Decidendi

In the circumstances of this trial, if a witness objects to giving evidence and is granted a certificate under s 128 Evidence Act, the jury should be briefly informed of the fact and its effect to avoid speculation and maintain consistency.

Court Disposition

Indication of proposed judicial procedure; not a formal ruling or order