AB (a pseudonym) v R [2019] NSWCCA 82

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: AB (a pseudonym) v R [2019] NSWCCA 82 Hearing dates: 13 March 2019 Date of orders: 23 April 2019 Decision date: 23 April 2019 Before: Macfarlan JA at [1]; Fullerton J at [57]; Bellew J at [58] Decision: (1) Grant leave to appeal. (2) Dismiss the appeal. Catchwords: CRIMINAL LAW – jury trials – whether jury should have been given unsupervised and unrestricted access to video of the complainant's evidence-in-chief and cross-examination - whether video should have been treated as an exhibit

CRIMINAL LAW – jury trials – warnings – whether the trial judge should have given the jury a "repetition warning" before giving it access to a video of the complainant's evidence – R v NZ (2005) 63 NSWLR 628 considered Legislation Cited: Crimes Act 1900 (NSW), ss 61J, 61O(1), 66C Criminal Appeal Act 1912 (NSW), s 6(1) Criminal Appeal Rules, r 4 Criminal Procedure Act 1986 (NSW), ss 306B(1), 306X Cases Cited: CF v R [2017] NSWCCA 318 Gately v The Queen (2007) 232 CLR 208; [2007] HCA 55 Jarrett v R (2014) 86 NSWLR 623; [2014] NSWCCA 140 R v NZ (2005) 63 NSWLR 628; [2005] NSWCCA 278 Category: Principal judgment Parties: AB (a pseudonym) (Applicant) Regina (Respondent) Representation: Counsel: S Kluss (Applicant) K Ratcliffe (Respondent)

Solicitors: Ross Hill & Associate Solicitors (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2013/241221 Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 01 December 2017 Before: Herbert DCJ File Number(s): 2013/241221