Director of Public Prosecutions (NSW) v Al-Zuhairi [2018] NSWCCA 151

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Director of Public Prosecutions (NSW) v Al-Zuhairi [2018] NSWCCA 151 Hearing dates: 22 June 2018 Date of orders: 27 July 2018 Decision date: 27 July 2018 Before: Payne JA at [1]; R A Hulme J at [65]; Fagan J at [66] Decision: (1) Leave granted under s 5B(2) of the Criminal Appeal Act to extend the time to submit the questions of law stated by Colefax DCJ to 29 April 2018.

(2) The orders made by the District Court on 30 January 2018 are quashed.

(3) Under s 5B(3) of the Criminal Appeal Act, the matter is remitted to the District Court for determination in accordance with these reasons.

The following answers to the stated case should be given:

Question 1: In proceedings for a 'domestic violence offence' as defined in s 3 of the Criminal Procedure Act 1986 in the Local Court, where a complainant gives evidence wholly of partly in the form of a recorded statement pursuant to s 289F of that Act, must the recording be formally tendered in the Local Court if there is no agreed transcript in order for the recorded statement to become "evidence given the original Local Court proceedings" within the meaning of that phrase in s 18(1) of the Crimes (Appeal and Review) Act 2001?

Answer: No

Question 2: In proceedings for a 'domestic violence offence' as defined in s 3 of the Criminal Procedure Act 1986 in the Local Court, where a complainant gives evidence wholly or partly in the form of a recorded statement pursuant to s 289F of that Act, is the viewing of the recorded statement by the Local Court sufficient for the recorded statement to become "evidence in the original Local Court proceedings" within the meaning of that phrase in s 18(1) of the Crimes (Appeal and Review) Act 2001?