Primary Examination for the Bachelor of Laws

QUESTION THREE:

On 14 February 2009 13 year old Janie was confronted by a manwho threatened her with a syringe which he claimed was filled with infected blood while she was walking down Hindley Street in Adelaide. The man stole her wallet, mobile phone and watch. She immediately reported the robbery to the police. On 17 February Janie attended an identification parade at the Hindley Street police station, where she identified Donal as the man who robbed her. Donal was charged with robbery, and he is now facing trial in the Supreme Court of SA.

The Crown is aware that Janie is emotionally fragile after the robbery; both she and her parents have indicated she is extremely afraid of giving evidence at the trial. Can the Crown call Janie to present evidence in court about the robbery and to identify Donal as the man who robbed her? Is there any mechanism to try and minimise the trauma that testifying is likely to present for Janie?

The Crown is concerned that, if called, Janie will be so frightened by the courtroom she will be unable to identify Donal, or even to testify to the fact she identified him at the identification parade. If this occurs could the Crown ask Janie leading questions to establish the previous identification? Could the Crown call another witness to testify that Janie identified Donal at the identification parade? What warnings, if any, should be given to the jury if this evidence was allowed? Would any of your answers be different if the trial was occurring in the ACT?