Gee v Tasmania

In *Gee v Tasmania*, the Supreme Court of Tasmania considered an appeal concerning the evidence of a child witness in a criminal trial. The appellant, Gee, was convicted of persistent family violence. The central issue on appeal related to the procedure adopted by the trial judge in admitting the evidence of a child, who gave evidence via a special hearing conducted under the *Evidence (Children and Special Witnesses) Act 2001* (Tas).

The primary legal question before the Full Court was whether the trial judge had erred in admitting the child’s evidence, specifically in relation to the procedures followed during the special hearing. This involved an examination of whether the requirements of the *Evidence (Children and Special Witnesses) Act 2001* had been met, and whether the admission of the evidence, given the circumstances of the special hearing, had resulted in a miscarriage of justice.

The Court analysed the provisions of the *Evidence (Children and Special Witnesses) Act 2001*, focusing on the conditions under which a special hearing may be conducted and the safeguards required to ensure the reliability of evidence given by a child. The judges considered the trial judge's directions and the manner in which the special hearing was conducted, ultimately determining that the procedures followed were consistent with the Act and that the evidence was properly admitted. The Court found no error in the admission of the evidence, nor any basis to conclude that a miscarriage of justice had occurred. The appeal was dismissed.