R v JRN (No. 2) [2019] NSWDC 497

District Court New South Wales

Medium Neutral Citation: R v JRN (No. 2) [2019] NSWDC 497 Hearing dates: 7 May 2019 Decision date: 08 May 2019 Jurisdiction: Criminal Before: Mahony SC DCJ Decision: Application refused Catchwords: Application to cross-examine on affidavit filed in Family Court proceedings. Cases Cited: Harman v Secretary of State for the Home Office [1983] 1 AC 280 Hearne v Street [2009] 235 CLR 125; [2008] HCA 36 Perrazoli v BANKSA (a division of Westpac Banking Corporation Limited) [2017] FCAFC 204 Zarins & Mylne (No 3) [2013] FamCA 737 Category: Procedural and other rulings Parties: Director of Public Prosecutions (Crown) JN (Accused) Representation: Counsel: M Hay (Crown) D Brogan (Accused)

Solicitors: E Brown (ODPP) D Davidge (Accused) File Number(s): 17/190461 Publication restriction: NB s 578A(2) of the Crimes Act 1900 applies to this matter – no publication of any matter which identifies the complainants or may lead to the identification of the complainants.

Judgment ON EVIDENTIARY RULING 1. During cross-examination of LW, the mother of the two complainants in the trial, she was asked whether she had sworn an affidavit on 10 December 2010 in proceedings taken by her in the Family Court of Australia. A number of questions were asked about the contents of that affidavit without objection by the Crown. Those proceedings related to questions of custody of the children of the witness and the accused, and recovery of one of those children. 2. Objection was taken by the Crown to the affidavit being shown to the witness and further cross-examination on her affidavit. It was clear that the purpose of that cross-examination was to demonstrate that the witness had made prior inconsistent statements, in the affidavit, to the evidence given in these proceedings. Counsel for the accused conceded that was the case.