Regina v John Helsdingen [2007] NSWDC 356

New South Wales District Court

CITATION: Regina v John Helsdingen [2007] NSWDC 356

HEARING DATE(S): 25/9/2007, 26/9/2007, 27/9/2007

JUDGMENT DATE: 27 September 2007

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ at 1

DECISION: Question asked by defence counsel breached s293 Criminal Procedure Act 1986. Jury discharged.

CATCHWORDS: Criminal law - Child sexual assault trial - Application to discharge the jury - Breach of s293 Criminal Procedure Act 1986 - Significant disadvantage to the Crown - Jury discharged

LEGISLATION CITED: s293 Criminal Procedure Act 1986

CASES CITED: Regina v McGarvey (1987) 10 NSWLR 632

PARTIES: Regina John Helsdingen

FILE NUMBER(S): 06/51/0076

COUNSEL: Mr McPherson for the Crown Mr O'Connor for the accused

SOLICITORS: Ms Mudge for the NSW DPP

JUDGMENT

1. A question asked by Mr O'Connor raises an issue of admissibility under section 293 of the Criminal Procedure Act 1986. The question also prompted an application for a discharge of the jury by the Crown Prosecutor.

2. The question asked by Mr O'Connor was asked of the complainant who had been giving evidence of sexual assaults against her by the accused when she was in primary school and a less serious sexual assault, or sexual assaults, when she was in high school. The question asked by Mr O'Connor was that in late 2004, when the complainant was aged about 15, the accused, an elderly relative of the complainant, had made an observation about her appearance. He had said words to the effect: "You might be pregnant." Mr O'Connor put to the complainant that the accused had put that question to her. Mr O'Connor added, as part of his question to the complainant "...obviously referring to the fact that you'd put on a bit of weight." And he then said "Do you remember him saying that?"