R v YL

R v YL [2004] ACTSC 115 involved a case against a woman charged with assaulting her six-year-old stepson. The child was represented separately by counsel to protect his interests. The trial judge, Crispin J, ruled that the child could not object to giving evidence as per section 18 of the Evidence Act 1995 (Cth) because section 19 of the Act precluded its application to domestic violence offences. However, the court retained discretion not to compel the child to give evidence against his will due to the potential for significant harm. The Crown attempted to enter a nolle prosequi to test the judge's rulings but the judge ruled that this constituted an abuse of process and refused to permit it to be entered into the record. The judge ordered that verdicts of acquittal be entered pursuant to section 287 of the Crimes Act 1900 (ACT).