The Queen v HSN [2020]

The Queen v HSN [2020]

In this matter, Greg Walsh acted for HSN, the applicant in respect of an application pursuant to Division 2A Evidence Act 1977 (Qld).

On 13 November 2020, Clarke DCJ delivered his judgment in respect of the matter.

In this matter, the applicant/ defendant was charged with offences that were not of a sexual nature. His Honour determined that, notwithstanding this face, the provisions of Division 2A Evidence Act 1977 (Qld) nevertheless applied; see R v JML [2019] QDCPR 23; R v DO [2019] QDCPR 49.

In this regard, Clarke DCJ stated at [18] that:

“In the circumstances, in my view, the provisions in Division 2A of the Evidence Act 1977 (QId) apply in this case. I am satisfied the privileged protection applies to any counselled person, as defined, irrespective of whether the charges for determination are of a sexual nature; and I am also satisfied there does not need to be any nexus between the counselling and the charges to be determined.”

 

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