NSW Caselaw
New South Wales Supreme Court
CITATION : DPP v SW & ANOR [2009] NSWSC 524
HEARING DATE(S) : 1 June 2009
JUDGMENT DATE : 1 June 2009
JURISDICTION : Common Law
JUDGMENT OF : Adams J at 1
1. Relief claimed by the Director must be refused. DECISION : 2. The matter is remitted to the Children's Court but the order is varied as follows – A duplicate of the recording of the interview of the victim to be delivered to the defendant's solicitor on or before 5 June 2009 noting the undertaking of the solicitor that the recording is not to leave his possession and is to be listened to only by that solicitor, defendant's counsel and the interpreter/s employed for the purpose of translation. 3. The plaintiff must pay the defendant's costs of the summons.
CATCHWORDS : Vulnerable witness - recording of interview - whether Court can order production - need to check accuracy of translation - desirable conditions
LEGISLATION CITED : Crimes Act 1900 s 61J Criminal Procedure Act 1986 s 306B
CATEGORY : Procedural and other rulings
Director of Public Prosecutions (NSW) (Plaintiff) PARTIES : SW (First defendant) Children's Magistrate G Still (Second defendant)
FILE NUMBER(S) : SC 11515/09
COUNSEL : A Mitchelmore (Plaintiff) N Carney (First defendant)
B Scheepers (Plaintiff) SOLICITORS : Georgiadis & Baker (First defendant) I Knight (Second defendant)
LOWER COURT JURISDICTION : Children's Court
THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
ADAMS J
MONDAY 1 JUNE 2009
011515/09 - DIRECTOR OF PUBLIC PROSECUTIONS (NSW) v "SW" & ANOR
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