Regina v NZ [2005] NSWCCA 278

Reported Decision : 63 NSWLR 628

New South Wales Court of Criminal Appeal

Regina v NZ [2005] NSWCCA 278 CITATION: This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 20/06/2005

JUDGMENT DATE: 17 August 2005

JUDGMENT OF: Spigelman CJ at 1; Wood CJ at CL at 21; Hunt AJA at 22; Howie J at 23; Johnson J at 23

DECISION: By majority: appeal dismissed.

CATCHWORDS: Criminal Law - Verdicts - whether verdicts of co-accused inconsistent - whether reasonable basis upon which the jury could distinguish the Crown case against each of the co-accused - Evidence - sexual offences - child complainant - evidence in chief of juvenile Crown witnesses given by videotape - videotapes given to jury for replaying in jury room during deliberations - no warning to jury against giving videotaped evidence disproportionate weight - jury asked for and received complainant's cross-examination - whether fundamental procedural irregularity - Evidence (Children) Act 1997 - Rule of comity - applicability of rule of comity to issues of practice and procedure - applicability of rule of comity between jurisdictions with and without Uniform Evidence Act.

Crimes Act 1900 - ss 61J, 66C Children (Criminal Proceedings) Act 1987 (NSW) - s 19 Evidence (Children) Act 1997 - ss 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, 15, 17, 25, 30, Parts 3, 4, 5 Evidence Act 1995 (NSW) - ss 165A, 165B Jury Act 1977 (NSW) - ss 55A, 55C Criminal Justice Act 1988 (UK) - s 32A(2) Evidence Act 1908 (NZ) - ss 23D, 23E LEGISLATION CITED: Evidence Act 1977 (Qld) - ss 93A, 99 Evidence Act 1958 (Vic) - s 37B Crimes (Criminal Trials) Act 1999 (Vic) - s 19 Criminal Appeal Rules - Rule 4 Evidence Act 1906 (WA) - s 1061(1)(b) Criminal Procedure Act 1986 - ss 285, 306B