A complainant in prescribed sexual offence proceedings is entitled under s 294B(3) of the Criminal Procedure Act 1986 (NSW) to give evidence by audio visual link from any place in New South Wales, not merely from the court precinct or city where the trial is being conducted. A trial judge has power to direct the Crown to produce a further proof of evidence from a witness before calling that witness, but the exercise of that power will miscarry where there is no application by the defence, no evidence of utility, and the judge fails to consider prejudice to the Crown. Mental health considerations may be relevant to s 294B(6) 'special reasons' but must be supported by evidence, not judicial notice.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.