R v KN [2007] NSWDC 133

New South Wales District Court

CITATION: R v KN [2007] NSWDC 133

HEARING DATE(S): 28th May 2007 EX TEMPORE JUDGMENT DATE : 29 April 2007

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Application for a temporary stay granted. [para 42]

CATCHWORDS: Criminal Law - trial - sexual assault - application for temporary stay - newspaper campain launched first day of trial - campaign seeking equal justice under law for sexaul assault victims - campaign critical of courts'/legal professions' treatment of complainants - test - risk accused would not receive a fair trial in all the circumstances - available imputations from article - application granted.

LEGISLATION CITED: s19 (2) Criminal Procedure Act 1986

PARTIES: Regina KN

FILE NUMBER(S): 06/21/1111

COUNSEL: Defence: M Picken

Crown: Mr J H Gibson - Penrith office of Director of Public Prosecutions SOLICITORS:

JUDGMENT

1. HIS HONOUR: I want the accused to be referred to, for the purposes of this judgment only, as K.N. Today, 28 May 2007 K.N.'s trial was set down for hearing at the Penrith District Court. He had been arraigned by the crown earlier this year on a charge that he had sexual intercourse with a twenty-one year old complainant, A..H., in December of 2005 without her consent, knowing she was not consenting in circumstances of aggravation, namely, that at the time of the offence he maliciously inflicted actual bodily harm upon her.

2. Today, 28 May 2007, The Daily Telegraph announced on its front page it was launching a major campaign to help rape victims and to encourage more women to come forward. Normally it would be difficult to find a nexus between these two events. Mr Pickin, counsel for the accused, has made an application for a temporary stay of the trial upon the grounds that in the face of the launch of The Daily Telegraph's complaint there is a risk the accused may not receive a fair trial.