Automatic language translation
Our website uses an automatic service to translate our content into different languages. These translations should be used as a guide only. See our Accessibility page for further information.
Questioning of complainants by unrepresented accused in sexual offence trials
Reference received: 28 March 2002
Report
Report 101 (PDF, 1.4 MB): Questioning of complainants by unrepresented accused in sexual offence trials, June 2003
- Tabled in parliament: 2 September 2003
- Legislative action: Criminal Procedure Amendment (Sexual Offence Evidence) Act 2003; Criminal Procedure Amendment (Sexual Offence Evidence) Act 2004
- Judicial citation: R v Khan [2003] NSWSC 849 at para 7; R v MSK (2004) NSWLR 204 (CCA) at para 23; Clark v R [2008] NSWCCA 122, [42]
Issues paper
Issues Paper 22: Questioning of complainants by unrepresented accused in sexual assault trials, August 2002
Journal articles
Paul Gye, "Muzzling or Mercy?: new law on the unrepresented defendant's right to examine the alleged victim in sex crimes cases" [2003] 19ALMD Advance 4
Terms of reference
Whether an unrepresented accused in a sexual offence trial should be permitted to cross-examine a complainant. Specifically, whether courts should have the power to appoint a person other than an unrepresented accused to cross-examine complainants in sexual offence cases whether or not the accused consents.
We acknowledge Aboriginal people as the First Nations Peoples of NSW and pay our respects to Elders past, present and future. We acknowledge the ongoing connection Aboriginal people have to this land and recognise Aboriginal people as the original custodians of this land.