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Key decisions

  • Director of Public Prosecutions (NSW) v Banks [2019] NSWSC 363
  • Balach v Office of the Director of Public Prosecutions [2019] NSWSC 377
  • Hayes v Office of the Director of Public Prosecutions [2019] NSWSC 378

Director of Public Prosecutions (NSW) v Banks [2019] NSWSC 363

DVEC recordings – admissibility in the absence of the complainant

The Supreme Court has determined a long-outstanding question about whether a Domestic Violence Evidence in Chief (‘DVEC’) recording might be admissible if the complainant doesn’t attend court. On appeal from the Local Court, a single judge of the Supreme Court has determined that admissibility is determined by the Evidence Act; that is, there is no absolute prohibition on the prosecution tendering a DVEC if the complainant is not at court.

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