Director of Public Prosecutions (NSW) v Banks [2019] NSWSC 363

Supreme Court New South Wales

Medium Neutral Citation: Director of Public Prosecutions (NSW) v Banks [2019] NSWSC 363 Hearing dates: 5 March 2019 Decision date: 05 April 2019 Jurisdiction: Common Law Before: Ierace J Decision: (1) The appeal is allowed.

(2) Pursuant to the Crimes (Appeal and Review) Act 2001 (NSW), s 59(2), set aside the order made on 24 July 2018 at Manly Local Court dismissing charges against the defendant of assault occasioning actual bodily harm contrary to the Crimes Act 1900 (NSW), s 59(1) and assault contrary to the Crimes Act 1900, s 61.

(3) The proceedings be remitted to the Manly Local Court to be heard and determined according to law. Catchwords: EVIDENCE – admissibility of evidence – DVEC recording – hearsay – maker not available – interaction between s 289F(5) Criminal Procedure Act 1986 (NSW) and s 65 Evidence Act 1995 (NSW) Legislation Cited: Crimes Act 1900 (NSW) Crimes (Appeal and Review) Act 2001 (NSW) Crimes (Domestic and Personal Violence) Act 2007 (NSW) Criminal Procedure Act 1986 (NSW) Criminal Procedure Amendment (Domestic Violence Complainants) Act 2014 (NSW) Director of Public Prosecutions Act 1986 (NSW) Evidence Act 1995 (NSW) Interpretation Act 1987 (NSW) Cases Cited: A2 v R; Magennis v R; Vaziri v R [2018] NSWCCA 174 Director of Public Prosecutions (Victoria) v Nicholls (2010) 204 A Crim R 306; [2010] VSC 397 Fletcher v R (2015) 45 VR 634; [2015] VSCA 146 R v A2; R v KM; R v Vaziri (No 4) (2015) 253 A Crim R 574; [2015] NSWSC 1306 R v BO (No 2) 15 DCLR(NSW) 317; [2012] NSWDC 195 Saraswati v The Queen (1991) 172 CLR 1; [1991] HCA 21 Texts Cited: NSW Bureau of Crime, Statistics and Research, Parliament of NSW, Evaluation of the 2015 Domestic Violence Evidence-in-Chief (DVEC) reforms (2017) New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 21 October 2014 Category: Principal judgment Parties: Director of Public Prosecutions (NSW) (Plaintiff) Jeremy Banks (Defendant) Representation: Counsel: B Baker (Plaintiff) G James QC (Defendant)