R v QX (No 6)

This matter involves a criminal prosecution by the Crown against QX, the accused, for sexual offences against a child. The proceedings were before Loukas-Karlsson J in the Supreme Court of the Australian Capital Territory. The accused was facing trial on 18 counts of sexual intercourse with a person between the age of 10 and 16 years, one count of committing an act of indecency on a young person between the ages of 10 and 16 years, and one count of grooming a young person. The complainant in the matter is a "prescribed witness" within the meaning of reg 3B(1)(a) of the Evidence (Miscellaneous Provisions) Regulation 2009 (ACT) and s 42(c) of the Evidence (Miscellaneous Provisions) Act 1991 (ACT) (EMP Act). Pursuant to s 4AK of the EMP Act, an intermediary was appointed for the complainant in this case. A ground rules hearing was held for the complainant pursuant to s 4AB(2) of the EMP Act on 13 August 2021. The hearing proceeded before Loukas-Karlsson J on that day. Parties provided written submissions thereafter. The court reserved its decision as to the directions to be made pursuant to s 4AF of the EMP Act. In deciding the directions to be made pursuant to s 4AF of the EMP Act, the court considered the recommendations contained in the intermediary report. The court also considered submissions made by counsel for the accused opposing the recommendations made by the intermediary. The court ultimately accepted the majority of the recommendations contained in the intermediary report. Directions were made pursuant to s 4AF of the EMP Act for the complainant’s pre-trial hearing.