Sexual Assault Trials Handbook
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The judicial role
[7-160]
Judicial activism in child sexual assault cases — R Ellis
[7-160]
Article
Abstract
Judicial Activism in Child Sexual Assault Cases — His Honour Judge Roy Ellis
Introduction
Case management and listing practices
Judicial people skills
Logistics of court attendance
Linguistic issues
Judicial education
Appellate approach to judicial activism
Judicial intervention in cross-examination
NSW legislative amendments — Evidence Act 1995, s 41
Conclusion
[7-180]
Jury directions in sexual assault trials — B Neild
[7-180]
Article
Abstract
[7-200]
What does s 41 of the Evidence Act mean to you as a judicial officer? — L Babb
[7-200]
Article
Abstract
What does s 41 of the Evidence Act mean to you as a judicial officer? — Lloyd Babb
Introduction
The circumstances in which the court is required to disallow questions put to a witness in cross-examination or inform the witness that the question need not be answered
The factors the court should take into account in determining whether to disallow a question
History of the amendments
The importance of effective judicial intervention to prevent improper cross-examination
Knowledge of factors relevant to the assessment of disallowable questions under s 41
Conclusion
[7-220]
Section 41 of the Evidence Act 1995 — C O’Connor
[7-220]
Article
Abstract
Section 41 of the Evidence Act 1995 — His Honour Judge C E O’Connor QC
Introduction
The nature of proceedings to which s 41 applies
What is the duty of the court in relation to improper questions
Description of a disallowable question
Whether question is a disallowable question
Objections
Failure of the court to disallow a disallowable question
Comment
Background to amendments
Examples of improper questions at common law
Legislative power to control questions before s 41
Prelude to s 275A
ALRC comments on former s 41
Background to the understanding of s 275A
Complainants in sexual assault matters
Other vulnerable witnesses
Aboriginal and Torres Strait Islander witnesses
ALRC’s view on amendments to former s 41
Cultural change