R v WTS [2022] QDCPR 57

Date: 12 August 2022
Court: District Court, Gympie
Judicial Officer: Long SC DCJ
Human Rights Act 2019 (Qld) Sections: ss 25, 48
Rights Considered: Right to privacy and reputation
Other Legislation: Criminal Code Act 1899 (Qld) ss 686, 694; Criminal Practice Rules 1999 (Qld) rr 30, 31; Evidence Act 1977 (Qld) ss 14G, 14H, 14I, 14K, 14N
Keywords: Interpretation; Children and Families, Criminal Law and Corrective Services, Civil Procedure.

This case concerned an application of the defendant to subpoena documents or records from an organisation that provided counselling services and support to a child complainant. Accordingly and on behalf of the defendant, an objection was raised as to the standing of the counselled child to be heard under criteria in s 14H of the Evidence Act 1977 (Qld). Long SC DCJ allowed the objection of the defendant to the counselled child being allowed leave to be heard, upon the broad basis on which the application had been sought. Sections 25 and 48 of the Human Rights Act 2019 (Qld) were mentioned in the header, but there was no discussion of human rights.

Visit the judgment: R v WTS [2022] QDCPR 57