Full Court Minute Books

Case M16/2024

Director of Public Prosecutions v. Smith

Case No.

Case no M16/2024

Case Information

Lower Court Judgment

30/11/2023 Supreme Court of Victoria (Court of Appeal) (Emerton P, Priest & Macaulay JJA)

[2023] VSCA 293

Catchwords

Criminal practice – Open justice – Where respondent faces trial in County Court of Victoria on indictment charging them with four child sexual offences – Where child complainant gave evidence at special hearing conducted pursuant to s 370 of Criminal Procedure Act 2009 (Vic) ("CPA") – Where day prior to special hearing, presiding judge met with complainant in presence of both prosecutor and defence counsel at offices of Child Witness Service – Where respondent's counsel did not object to introductory meeting and judge made directions for fair and efficient conduct of proceeding pursuant to s 389E of CPA, having regard to recommendations made by intermediary – Where introductory meeting not recorded and accused not present – Whether Court of Appeal erred in finding introductory meeting between child complainant, presiding judge, prosecutor and defence counsel prior to special hearing at which complainant gave evidence, not authorised by s 389E of CPA – Whether Court of Appeal erred in finding introductory meeting inconsistent with principle of open justice – Whether Court of Appeal erred in finding introductory meeting fundamental irregularity in respondent’s trial that could not be waived.

Documents*

08/02/2024 Determination

22/02/2024 Notice of appeal

08/03/2024 Written submissions (Appellant)

08/03/2024 Chronology (Appellant)

22/03/2024 Written submissions (Respondent)

28/03/2024 Reply

18/04/2024 Hearing (Full Court, Canberra)

*The due dates shown for documents on this page are indicative only.