Citation: Regina v Williams [2003] NSWSC 959
Court: Supreme Court of New South Wales
Date: 8 October 2003
Judge(s): O'Keefe J
Background
The accused, Anthony Robert Williams, appeared before the Supreme Court for sentencing proceedings following the death of the victim, Ms Pearce. A victim impact statement had been prepared and signed by the deceased's mother, father and sister, each of whom qualified as a "family victim" under the relevant legislation.
The Crown proposed that Mr Dix, a first cousin of the deceased, read the statement aloud to the Court on behalf of those who had prepared it. Although the accused raised no objection to the statement itself being read, the question arose whether Mr Dix fell within the class of persons entitled to do so under the legislation.
Legal Issues
- Whether a first cousin of a deceased victim qualifies as a "representative" entitled to read a victim impact statement aloud under section 30A of the Crimes (Sentencing Procedure) Act 1999
- How "representative" should be interpreted in circumstances where the primary victim is deceased, left no will, and made no formal appointment of a representative
Decision
O'Keefe J observed that section 30A is a remedial provision designed to serve a legitimate social purpose: giving victims a voice in sentencing proceedings. Where the primary victim is living, they can read the statement personally or appoint someone to do so. Where the victim has died, the purpose of the section is equally served by enabling someone to speak on their behalf, rather than leaving the statement as a silent written document.
The judge held that section 30A should be given a beneficial and expansive construction. Each person who signed the victim impact statement was themselves a "victim" within the meaning of the Act. As such, each of them was competent to appoint their own representative to read the statement on their behalf during sentencing.
On that reasoning, section 30A is broad enough to permit the signatories to the statement, as victims in their own right, to appoint Mr Dix as their representative for the purpose of reading the statement aloud. The Court indicated it would permit Mr Dix to read the statement, provided there was adequate evidence that he had in fact been appointed as the representative of those who made it.
Orders Made
- The first cousin of the deceased, Mr Dix, was permitted to read the victim impact statement to the Court as the appointed representative of the persons who made the statement, subject to adequate evidence of that appointment being established.
Key Takeaways
- Section 30A of the Crimes (Sentencing Procedure) Act 1999 confers a right to read a victim impact statement aloud on the victim, a member of the victim's immediate family, or a representative of the victim.
- Where the primary victim is deceased, the Supreme Court held that section 30A should be construed beneficially and expansively, consistent with its remedial purpose of giving victims a voice at sentencing.
- Family members who sign a victim impact statement as "victims" in their own right can themselves appoint a representative to read the statement aloud, even where the deceased left no will and made no formal appointment.
- A first cousin of the deceased does not automatically fall within the statutory definition of "immediate family," but may qualify as a "representative" if properly appointed by the victims who made the statement.
- Adequate evidence of the appointment of the proposed reader as representative of the statement's signatories is required before that person may exercise the right under section 30A.
Legislation and Cases Referenced
Legislation:
- Crimes (Sentencing Procedure) Act 1999 (NSW), ss 26, 30A, Division 2, Part 3
Cases cited:
No cases were cited in the judgment.