R v Hawkins (No 3) [2020] NSWSC 1339

Supreme Court New South Wales

Medium Neutral Citation: R v Hawkins (No 3) [2020] NSWSC 1339 Hearing dates: 18 September 2020 Date of orders: 18 September 2020 Decision date: 18 September 2020 Jurisdiction: Common Law Before: Lonergan J Decision: The Crown application for Taylah Lethbridge to have a support person present in the AVL suite whilst she gives evidence is refused. Catchwords: CRIMINAL PROCEDURE — trial — witnesses — examination of witness — application for witness to have a support person present whilst giving evidence — eyewitness to alleged offence — witness nervous about giving evidence — no medical evidence available — witness does not fall into category prescribed by the Criminal Procedure Act 1986 (NSW) — application refused Legislation Cited: Criminal Procedure Act 1986 (NSW) Category: Procedural and other rulings Parties: Regina (Crown) Daniel Mark Hawkins (Accused) Representation: Counsel: G Turner (Crown) N Steel (Accused)

Solicitors: Director of Public Prosecutions (NSW) (Crown) Zhai & Associates Lawyers (Accused) File Number(s): 2018/378301 Publication restriction: Nil

Judgment 1. The Crown has filed a notice of motion in Court today, seeking an order that Taylah Lethbridge be permitted to have a support person, her grandfather, Anthony Lethbridge, present in the AVL suite in Newcastle whilst giving her evidence. 2. The accused opposes the application. 3. For the reasons that follow I refuse the application.

Background 1. Ms Lethbridge was the partner of the deceased, Kenneth Denniss. She has provided five statements to the police, including one made on 8 December 2018, the day of the shooting. In those statements Ms Lethbridge has said that she was an eye witness to the shooting, as well as a relevant altercation about half an hour earlier that day between the accused and the deceased. 2. She is a critical witness. Given what was stated in the defence opening, it is clear that aspects of her account will be challenged by the accused. 3. The affidavit in support of the application prepared by the solicitor for the DPP with conduct of the proceedings records that Ms Lethbridge has advised her that she feels scared, nervous and on edge about giving evidence and that these anxious feelings are running through her head 24 hours per day, making her feel distracted and confused. She feels her brain is overwhelmed and has no words to explain how she feels. Ms Lethbridge asked to have her grandfather present so she could feel "at least a little bit comfortable" while giving her evidence, that he has been "her rock throughout these proceedings" and helps calm her. She was also concerned that re-visiting her evidence would impede her recovery from the events of 8 December 2018. 4. The affidavit confirmed that Mr Anthony Lethbridge is not a Crown witness. Nothing was stated as to whether or how often Ms Lethbridge had discussed the proceedings with him. 5. The application was not accompanied by any medical or psychological evidence.