Category Archives: s. 079A

Bellemore v Tasmania [2006] TASSC 111 (21 December 2006)

[2006] TASSC 111

CONSTITUTIONAL LAW — The non-judicial organs of Government — The legislature — Legislation and legislative powers — Legislative powers — Power to act contrary to separation of powers doctrine — Constitution, Ch III — State Act creating crime — Retrospective effect — Whether jurisdiction conferred upon State Supreme Court incompatible with Ch III.
CRIMINAL LAW — Evidence — Judicial discretion to admit or exclude evidence — Evidence unfair to admit or improperly obtained — Generally — Unreliability — Whether a discretion to reject unreliable evidence.
CRIMINAL LAW — Evidence — Complaints — Admissibility of details and fact of complaint — Sexual offences — Evidence of how complainant came to make complaint many years after — Whether excluded by hearsay rule — Whether fresh in the witness’s memory — Whether inadmissible under credibility rule.
CRIMINAL LAW — Evidence — Evidentiary matters relating to witnesses and accused persons — Character and previous convictions — Evidence of good character — Desirability of direction as to.
CRIMINAL LAW — Evidence — Miscellaneous matters — Other cases — Sexual crimes against children — Evidence by psychiatrist of tendency of victims not to complain — Evidence of tendency of victims to suffer psychological damage — Evidence not specific to the complainant — Whether relevant or admissible.
CRIMINAL LAW — Jurisdiction, practice and procedure — Course of evidence, statements and addresses — Addresses — Contents — Duty of counsel for prosecution — Whether comments excessive or prejudicial — Expression of counsel’s own views of evidence — Comments minimising effect of Longman warning.
EVIDENCE — Facts excluded from proof — On grounds of privilege — Professional confidence — Communication with counsellor — Whether evidence of treatment excluded.

(TAS) Evidence Act 2001 ss 59, 66 and 102

(TAS) Evidence Act 2001 s 79A

(TAS) Evidence Act 2001 s 127B