R v James Duncan Smith

[2009] NSWDC 244

CITATION:	R v James Duncan SMITH [2009] NSWDC 244
JUDGMENT DATE:	6 May 2009
JURISDICTION:	District Court of New South Wales
JUDGMENT OF:	Cogswell SC DCJ
DECISION:	Under s 291A of the Criminal Procedure Act 1986 direct that the proceedings be held in camera during the evidence of the witness.
CATCHWORDS:	CRIMINAL LAW - jury trial - application for direction under s 219A of Criminal Procedure Act - 16 year old witness expected to give evidence to be relied upon as tendency evidence - witness has already given evidence in separate prosecution of same accused
LEGISLATION CITED:	Criminal Procedure Act 1986 s 291A
PARTIES:	Regina James Duncan Smith
FILE NUMBER(S):	2007/11356018
COUNSEL:	Mr J Gibson Mr G Porter
SOLICITORS:	Director of Public Prosecutions

JUDGMENT

1. Application is made by the Crown Prosecutor under section 291A of the Criminal Procedure Act 1986 for a direction that the proceedings be held in camera during the evidence to be given by the next witness.

2. The next witness whose name I will not record in this judgment is aged sixteen. She will give what I expect will be evidence to be relied upon by the prosecution as tendency evidence. I am informed that her evidence will be of alleged sexual assaults by the accused against her. I am also informed that she has all ready given evidence in a separate prosecution of this accused. That prosecution resulted in his conviction. In that prosecution the next witness was the complainant. Because she was a complainant in those proceedings she gave evidence in camera in accordance with section 291 of the Criminal Procedure Act.

3. For the reasons that Parliament thinks it is appropriate that a complainant’s evidence be given in camera, I regard it as appropriate to close the Court during the evidence of the next witness who was formerly a complainant and entitled to a closed court and is now giving what I expect will be similar evidence in separate proceedings.

4. Accordingly under section 291A of the Criminal Procedure Act 1986 I direct that the proceedings be held in camera during the evidence of the next witness. I exempt from my direction a support person identified by the Crown Prosecutor who is the witness’s grandmother.

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