R v A1 (No. 2) [2019] NSWSC 663

Supreme Court New South Wales

Medium Neutral Citation: R v A1 (No. 2) [2019] NSWSC 663 Hearing dates: 20 May 2019, 22 May 2019, 23 May 2019 Date of orders: 23 May 2019 Decision date: 07 June 2019 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: Publication of reasons for orders made on 23 May 2019 as set out in [4] Catchwords: CRIMINAL LAW – pre-trial application – compellability of witness – Accused charged with murder – wife of the Accused objects to giving evidence for prosecution under s.18 Evidence Act 1995 – objection based upon prospect of harm to witness and not harm to relationship between witness and Accused - witness holds genuine fears of being harmed by [identity of third parties redacted] – where only a confined area of evidence gives rise to prospect of harm to witness – whether proper construction of s.18 requires an all-or-nothing approach to an objection under s.18(2)(a) – no prejudice occasioned to Crown or Accused by allowing objection concerning parts of evidence – objection partially overruled – whether comment can be made by Judge to jury concerning ruling under s.20 Evidence Act 1995 – whether witness can give evidence via audio-visual link - orders made Legislation Cited: Court Suppression and Non-publication Orders Act 2010 Criminal Procedure Act 1986 Evidence (Audio and Audio Visual Links) Act 1998 Evidence Act 1995 Interpretation Act 1987 Witness Protection Act 1995 Cases Cited: Fletcher v R (2015) 45 VR 634; [2015] VSCA 146 LS v Director of Public Prosecutions (NSW) (2011) 81 NSWLR 551; [2011] NSWSC 1016 R v A1 (No. 1) [2019] NSWSC 611 R v A2 and Others (No. 4) (2015) 253 A Crim R 574; [2015] NSWSC 1306 R v Barakat; R v Younes (No. 3) [2016] NSWSC 1256 R v Glasby (2000) 115 A Crim R 465; [2000] NSWCCA 83 R v Jacobson (No. 1) [2014] VSC 188 R v Khan (Hidden J, unreported, 22 November 1995) R v Quinn (No. 1) [2016] NSWSC 1101 R v Rogerson; R v McNamara (No. 1) [2015] NSWSC 592 Tran v R [2017] NSWCCA 93 Tran v R [2018] NSWCCA 145 Texts Cited: Odgers, "Uniform Evidence Law", Law Book Co, 13th edn Williams, Anderson, Marychurch and Roy, "Uniform Evidence in Australia", LexisNexis Butterworths, 2nd edn, 2018 Category: Procedural and other rulings Parties: Regina (Crown) A1 (Accused) Representation: Counsel: Mr RA Herps (Crown) Mr K Chapple SC (Accused) Mr RJ Wilson (for C1)