R v Matthews [2018] NSWCCA 7

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Matthews [2018] NSWCCA 7 Hearing dates: 5 February 2018 Date of orders: 05 February 2018 Decision date: 07 February 2018 Before: Payne JA at [1] Garling J at [1] Hidden AJ at [1] Decision: (1) Access to Court of Criminal Appeal file refused save with leave of a judge of the Court.

(2) Pursuant to s 7 of the Court Suppression and Non-Publication Orders Act 2010 (NSW), the Court orders that there be no publication of any information that may tend to identify the respondent in these proceedings until proceedings involving a jury have concluded in the District Court. This order is made on the ground that it is necessary in order to prevent prejudice to the proper administration of justice.

(3) Application for leave to appeal pursuant to s 5F(2) of the Criminal Appeal Act 1912 (NSW) is granted.

(4) Appeal allowed.

(5) The following decisions of his Honour Maiden DCJ made on 30 January 2018 are set aside:

(a) to require the complainant to provide a further proof of evidence;

(b) to prevent the Crown from calling the complainant unless the further proof of evidence is provided;

(c) to require the complainant to give evidence on audio visual link from the precincts of the District Court in Sydney

(6) The matter is remitted to the District Court for continuation of the trial

Note: Nothing in these orders prevents the respondent from making such further application as may be appropriate in respect of the evidence by audio visual link for any reason which may arise in the course of the trial. Catchwords: CRIMINAL LAW – s 5F appeal – interlocutory judgment or order – whether trial judge erred in requiring Crown to provide a further statement from complainant - whether trial judge erred in requiring complainant to travel from country NSW to Sydney to give evidence via audio visual link from Sydney court complex Legislation Cited: Court Suppression and Non-Publication Orders Act 2010 (NSW) Crimes Act 1900 (NSW) Criminal Appeal Act 1912 (NSW) Criminal Procedure Act 1986 (NSW) Evidence (Audio and Audio Visual Links) Act 1998 (NSW) Interpretation Act 1987 (NSW) Cases Cited: AF v R [2015] NSWCCA 35 House v King [1936] HCA 40; 55 CLR 499 KN v R [2017] NSWCCA 249 O'Connor v Healy (1961) 69 SR (NSW) 111 R v Steffan (1993) 30 NSWLR 633 Richardson v The Queen [1974] HCA 19; 131 CLR 116 Saffron v Director of Public Prosecutions (1989) 16 NSWLR 397 Texts Cited: None Category: Principal judgment Parties: Crown (Applicant) Shane David Matthews (Respondent) Representation: Counsel: N J Adams / N Keay (Applicant) S Goodwin (Respondent)