Regina v Williams

[2003] NSWSC 959

CITATION:	Regina v Williams [2003] NSWSC 959
HEARING DATE(S):	8/10/03
JUDGMENT DATE:	8 October 2003
JUDGMENT OF:	O'Keefe J
DECISION:	First cousin of the deceased, as representative of the persons who made the statement, permitted to read the victim impact statement to the Court.
CATCHWORDS:	Criminal law - Victim Impact Statement - Reading of Victim Impact Statement - Who is a representative of a deceased victim
LEGISLATION CITED:	Crimes (Sentencing Procedure) Act 1999 - s 30A
PARTIES :	Regina Anthony Robert Williams
FILE NUMBER(S):	SC 70110/02
COUNSEL:	Crown - Mr Peter Dare SC Prisoner - Mr Mark Austin
SOLICITORS:	Crown - Ms Shiva Rich - DPP (NSW) Prisoner - Mr Jeremy Styles (Nikola Velcic & Associates, Parramatta)

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IN THE SUPREME COURT
OF NEW SOUTH WALES
COMMON LAW DIVISION

O'KEEFE J

8 October 2003

70110/02 - REGINA v ANTHONY ROBERT WILLIAMS

JUDGMENT - (Reading of Victim Impact Statement)

1 A victim impact statement has been tendered pursuant to the provisions of Div 2 of Pt 3 of the Crimes (Sentencing Procedure) Act 1999 (the Act). The statement, dated 17 September 2003, has been prepared and signed by the mother, father and sister of the deceased, Ms Pearce. Each of them is a “family victim” within the definition of that term contained in s 26 of the Act. Each is a ‘victim’, within the meaning of the section, as a victim is defined so as to comprehend the deceased or a member of the immediate family of the deceased.

2 Section 30A provides that:

“If a victim impact statement has been received by a court, a victim to whom it relates or a member of the immediate family or other representative of the victim is entitled to read out the whole or any part of the statement to any court.”

3 Although no objection has been taken on behalf of the accused to the statement being read out, the question has been raised as to whether or not the person who it is proposed should so read it, namely, Mr Dix, a first cousin of the deceased, falls within the ambit of s 30A.

4 The section itself contemplates that in the case of a person who has been injured that person, as a primary victim, may make a statement and, because the person is living, he or she would be able to read the statement personally or appoint a representative to read the statement on his or her behalf.

5 The problem in the present case arises because the primary victim, as defined in s 26, is dead. Where such person has died leaving a will, then the executor would undoubtedly be “a representative” of the deceased. What is the situation where no will has been left and there is no instrument of, or statement by, the primary victim as to the appointment of a person to represent him or her?

6 Section 30A is a remedial section designed to fulfil what, in the view of the Legislature, is a legitimate social purpose. No doubt part of its intendment is to let it be seen publicly that, in the case of the victim who is living, that person has a voice that is heard at the time of the sentencing proceedings. In the case of a person who is deceased, such an intendment would be fulfilled by enabling the deceased person to have a voice speaking on his or her behalf at the sentencing proceedings, as opposed to there merely being a piece of paper tendered in respect of the matters raised in a victim impact statement.

7 In view of the nature of the section and its purpose I think it should be given a beneficial or expansive construction. In any event since each of the persons who made the victim impact statement that has been tendered and admitted without objection is a victim within the meaning of Div 2 of Pt 3 of the Act, it is, in my opinion, competent for such persons, or any of them, to appoint a representative to read out his or her victim impact statement in the course of the sentencing proceedings. Section 30A is broad enough in its import to permit the persons who signed the victim impact statement which is before the court to appoint a representative i.e. their representative, as victims, to read out the statement in whole or in part.

8 For these reasons, provided there is adequate evidence that Mr Dix is a person who has been appointed as the representative of the persons who made the victim impact statement, I will permit him to read the statement.

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Last Modified: 11/10/2003