R v Richard Harry Morton [2008] NSWDC 107

Reported Decision : 7 DCLR (NSW) 120

New South Wales District Court

CITATION: R v Richard Harry Morton [2008] NSWDC 107

HEARING DATE(S): 31/3/08; 1/4/08; 2/4/08; 3/4/08

JUDGMENT DATE: 3 April 2008

EX TEMPORE JUDGMENT DATE : 3 April 2008

JURISDICTION: Criminal

JUDGMENT OF: Phegan DCJ

DECISION: Applications under s 65 of the Evidence Act and s 289 of the Criminal Procedure Act are refused Trial to proceed without Crown's reliance on victim's statement

CATCHWORDS: victim statement - English not first language - absence of interpreter - victim unavailable to give evidence at trial - Crown application to rely on statement

LEGISLATION CITED: Criminal Procedure Act 1986 Evidence Act 1995

Goldsmith v Newman [1992] 59 SASR 404 B v Gould and Director of Public Prosecutions [1993] 67 ACrimR 297 R v Stackelroth [1996] NSWSC 41 Kennedy [1997] 94 ACrimR 341 R v Mankotia [1998] NSWSC 295 CASES CITED: R v Polkinghorne [1999] 108 ACrimR 189 Conway v R [2000] 98 FCR 204 Gover [2000] NSWCCA 303 O'Hare v Director of Public Prosecutions [2000] NSWSC 430 Williams v R [2000] 119 ACrimR 490 R v Ambrosoli [2002] NSWCCA 386 R v Kazzi [2003] 140 ACrimR 545

PARTIES: The Crown Richard Harry Morton

FILE NUMBER(S): 07/11/0295

COUNSEL:

SOLICITORS: NSW DPP Legal Aid Commission of NSW

JUDGMENT

1 HIS HONOUR: I proceed then with a judgment in an interlocutory application by the Crown in the matter of Richard Harry Morton. The accused, Morton, has pleaded not guilty to an indictment on the alternative charges of robbery in company and of robbery arising out of circumstances which, are comprehensively described in the statement which is the subject of this application. However, for the purpose of putting the application in context, I propose to rely on the substance of the statement of the victim, Matthieu Marie Bruno Scherer, dated 22 February 2007, the date of the alleged offence.