R v James Duncan SMITH [2009] NSWDC 411

New South Wales District Court

CITATION: R v James Duncan SMITH [2009] NSWDC 411

JUDGMENT DATE: 11 May 2009

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: I will provide the jury with a transcript not only of the record of interview with the police but with a transcript of the evidence-in-chief, cross-examination and re-examination of the complainant which was given at the previous trial.

CATCHWORDS: CRIMINAL LAW - jury note - evidence of complainant in trial given according to s 306U of Criminal Procedure Act 1986 - jury note requesting transcript of complainant's interview with police - discussion of authorities

LEGISLATION CITED: Criminal Procedure Act 1986 s 306B, s 306I, s306U Evidence (Children) Act 1997

CASES CITED: Gately v the Queen (2007) 232 CLR 208 R v NZ (2005) 63 NSWLR 628

PARTIES: Regina James Duncan Smith

FILE NUMBER(S): 2007/113560

COUNSEL: Mr J Gibson Mr G Porter

JUDGMENT

1. In the course of this trial I received a note from the jury which I marked for identification 6. The note reads: "Your Honour I would like to request a copy of the transcript of the record of interview DVD of [the complainant]."

[The complainant] is the complainant in this case. As I have made clear to anybody in the court, her name is not to be published outside the court, nor is she to be identified in any other way. This was a trial that - sorry it was three zero - what was the section?

CROWN PROSECUTOR: 306 capital 'I' was it? HIS HONOUR: Capital 'I'. Yes it's not after a new trial being ordered is it, it's a--

CROWN PROSECUTOR: No your Honour.

HIS HONOUR: And Mr Gibson the complainant's evidence was admitted under 306U wasn't it?