NSW Caselaw
Reported Decision : 161 A Crim R 449
New South Wales Court of Criminal Appeal
CITATION: Galvin v Regina [2006] NSWCCA 66 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 27/01/2006
JUDGMENT DATE: 20 March 2006
JUDGMENT OF: McClellan CJ at CL at 1; Howie J at 4; Latham J at 66
DECISION: The appeal is allowed, the convictions and sentences are quashed and a new trial is ordered.
CATCHWORDS: Criminal Law - Trial of child sexual offences - video-recorded evidence of deceased child witness admitted - whether admissible as "context" evidence - whether the evidence should have been rejected under s 137 - whether direction as to use to be made of the evidence appropriate - failure to give warnings re video-taped evidence.
Crimes Act 1900 - ss 61O(1), 66C(2), LEGISLATION CITED: Evidence Act 1995 - ss 65(1)(c), 101, 135, 137, 165(1)(a), (c), (d) Evidence (Children) Act 1977 - ss 7, 9(1)(a), 14, 18, 25
Gipp v The Queen (1998) 194 CLR 106 R v AH (1997) 42 NSWLR 702 CASES CITED: R v Fraser (NSWCCA, unreported, 10 August 1998) R v Suteski (2002) 56 NSWLR 82 R v NZ [2005] NSWCCA 278
PARTIES: Craig Henry Galvin v Regina
FILE NUMBER(S): CCA 2005/1713
COUNSEL: P. Ingram - Crown P. Boulten - Applicant
SOLICITORS: S. Kavanagh - Crown M. Voncina - Applicant
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 04/11/0029
LOWER COURT JUDICIAL OFFICER: Shadbolt DCJ
IN THE COURT OF CRIMINAL APPEAL 2005/1713
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