JD v R [2013] NSWCCA 198

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: JD v R [2013] NSWCCA 198 Hearing dates: 9 August 2013 Decision date: 09 August 2013 Before: Latham J Price J R A Hulme J Decision: Leave refused Catchwords: CRIMINAL LAW - application for leave to appeal against interlocutory ruling - ruling refusing temporary stay of trial - applicant charged with sexual assault of a child between 10 and 14 years of age, sexual intercourse without consent and aggravated indecent assault - heavily pregnant complainant to give evidence from another State - whether judge erred in application of test under s 7(2)(c), Evidence (Audio and Audio VIsual Links) Act 1998 - whether advanced stage of complainant's pregnancy would unfairly prejudice applicant - trial judge has broad powers to manage trial process - no error in exercise of judge's discretion - no error in application of relevant test - leave refused Legislation Cited: Criminal Appeal Act 1912 Evidence (Audio and Audio Visual Links) Act 1998 Evidence Act 1995 Cases Cited: Jago v District Court (NSW) (1989) 168 CLR 23 MG v R [2007] NSWCCA 57 ; 69 NSWLR 57 Subramaniam v R (2004) 211 ALR 1 Category: Principal judgment Parties: JD - (Applicant) Regina - (Crown Respondent) Representation: Counsel D Dalton SC/SM Kluss - (Applicant) V Lydiard - (Crown Respondent) Solicitors Vince Boss & Associates - (Applicant) Solicitor for Public Prosecutions - (Crown Respondent) File Number(s): 2011/408277 Decision under appeal Date of Decision: 2013-07-29 00:00:00 Before: LK Wells QC DCJ File Number(s): 2011/00408277