R v Flentjar (No2) [2008] NSWSC 648

R v Flentjar (No2) [2008] NSWSC 648

The objection was overruled because the nature and gravity of the offence, importance of the witness's testimony, and lack of alternative sources for the evidence outweighed the vague concern about harm to the relationship, and there was little prospect that her relationship would be damaged by requiring her to give evidence.

Parties
Prosecution: Regina; Accused: Andrew Wayne Flentjar
Jurisdiction
Australia
Judgment Date
19 June 2008
Procedural Posture
Criminal / Evidentiary Ruling
Outcome
Objection overruled
Legal Topics
Witness Objection, Spousal Privilege, Balancing Test Under Evidence Act
Criminal Law Evidence Law Witness Objection Spousal Privilege Balancing Test Under Evidence Act

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Andrew Wayne Flentjar

Accused

Procedural Posture

Criminal / Evidentiary Ruling

Legal Issues

  1. 1 Whether the de facto partner of the accused may object under s 18 of the Evidence Act to giving evidence for the prosecution
  2. 2 Whether the harm to the relationship outweighs the desirability of the evidence

Ratio Decidendi

The objection was overruled because the nature and gravity of the offence, importance of the witness's testimony, and lack of alternative sources for the evidence outweighed the vague concern about harm to the relationship, and there was little prospect that her relationship would be damaged by requiring her to give evidence.

Court Disposition

Objection overruled

Orders

  • The objection by Darlene Cowen under s 18 of the Evidence Act is overruled.