R v Peter James DAY [1] [2009] NSWDC 360

New South Wales District Court

CITATION: R v Peter James DAY [1] [2009] NSWDC 360

HEARING DATE(S): 20 April 2009 EX TEMPORE JUDGMENT DATE : 20 April 2009

JURISDICTION: District Court Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: Application is refused

CATCHWORDS: CRIMINAL LAW - Judgment - Application for complainant to give evidence in Court - Special reasons in the interest of justice - Prescribed sexual offences

Crimes Act 1900 LEGISLATION CITED: Evidence Act 1995 Justices Act 1902

PARTIES: The Crown Peter James Day

FILE NUMBER(S): 07/21/3387

COUNSEL: E Balodis - Crown P. King - Accused

SOLICITORS: Director of Public Prosecutions Matouk Joyner Lawyers - Accused

JUDGMENT

1 HIS HONOUR: The accused is charged with an offence which has as one of its elements an allegation that he intended to kidnap a person by the name of RM. For that reason, the offence is a prescribed sexual offence within the meaning given to those terms in the Criminal Procedure Act.

2 That has a number of consequences in relation to the way the trial is to be held. In particular, it has an impact on the way in which the evidence of Ms M is to be given. The complainant is entitled to give evidence by way of closed-circuit television facilities unless I am satisfied that there are special reasons in the interests of justice for her evidence not to be given by those means.

3 Mr King, on behalf of the accused, suggests that there are special reasons in the interests of justice that Ms M be required to give her evidence in court. He has not been able to find any authority dealing with the phrase "special reasons in the interests of justice" as they appear in s 294B of the Criminal Procedure Act but has helpfully referred to a similar expression in s 43(e)(a) of the Justices Act. It must be remembered, however, that the purposes of s 43(e)(a) of the Justices Act are different to the purposes for which s 294B was enacted.