Regina v KG

(2001) 54 NSWLR 198; [2001] NSWCCA 510

NSW Court of Criminal Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Evidence
2. › Admissibility
3. › Witness evidence
4. › Effect of prior therapeutic treatment on admissibility
5. › Eye movement de-sensitisation and reprocessing (EMDR)
6. › Whether EMDR treatment without video-recording renders witness evidence inadmissible without more
7. › Whether R v Tillott laid down mandatory rules of exclusion or advisory guidelines
1. Criminal Law
2. › Practice and procedure
3. › Acquittal
4. › Submission of questions of law after acquittal
5. › Criminal Appeal Act 1912 (NSW), s 5A(2)
1. Evidence
2. › Admissibility
3. › Witness evidence
4. › Post-hypnotic and post-EMDR evidence
5. › Procedural safeguards
6. › Whether safeguards are mandatory prerequisites to admissibility or discretionary guidelines

Quick Take

The procedural safeguards for EMDR evidence set out in R v Tillott (1995) 38 NSWLR 1 are advisory guidelines, not mandatory rules of exclusion. A trial judge may reject evidence of a witness who has undergone EMDR without video-recording, but is not bound to exclude it solely on that basis. The question whether the Evidence Act 1995 (NSW) affects the Tillott guidelines was left open.