NSW Constructing a Victim Impact Statement for Assault?

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JOH

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10 October 2016
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Hi,

I am delivering a victim impact statement in a trial involving assault. Just wondering, what are the boundaries I need to adhere to in terms of length and subject matter, and how do I address the defendant?

Thanks
 

Tim W

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Have a read of the links here.
 

JOH

Well-Known Member
10 October 2016
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Have a read of the links here.
Yes, thank you for that. I have read through that and it says, "...must be no longer than 20 pages in length..." and mine was about 3.5 pages and my prosecutor told me that I cannot read it out unless it is between the upper limit of 500 words. What should I do?
 

Tim W

Lawyer
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28 April 2014
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Sydney
Yes, thank you for that. I have read through that and it says, "...must be no longer than 20 pages in length..." and mine was about 3.5 pages and my prosecutor told me that I cannot read it out unless it is between the upper limit of 500 words. What should I do?
That's not a provision with which I am familiar.
Perhaps ask to speak to the prosecutor's supervisor.
Is your matter being dealt with by a specialist prosecutor, or just some worker ant constable from a local station?
 
Last edited:

JOH

Well-Known Member
10 October 2016
27
0
121
That's not a provision with which I am familiar.
Perhaps ask to speak to the prosecutor's supervisor.
Is your matter being dealt with by a specialist prosecutor, or just some worker ant constable from a local station?

So as far as I am aware, he is a DPP from the ODPP and my case initially had 5 detectives on it- I assume from an uneducated perspective the case seems quite important. I don't understand how 500 words should be the limit when the official VIS pack says up to 20 pages... Do you think I should just go with what he is saying and cut down my original 2000 word statement to 500?
 

Tim W

Lawyer
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28 April 2014
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820
2,894
Sydney
So as far as I am aware, he is a DPP from the ODPP and my case initially had 5 detectives on it- I assume from an uneducated perspective the case seems quite important.
Sounds like a fair enough assumption.
I don't understand how 500 words should be the limit when the official VIS pack says up to 20 pages.
It might be a procedural thing to keep the list moving, matters going, and to keep the statement focussed.
One of the NSW specialist criminal lawyers here may have some insight..
Do you think I should just go with what he is saying and cut down my original 2000 word statement to 500?[
Subject to what your lawyer(s) say, and if there's time, consider preparing two versions. The first 500 words of your twenty pages, and a separate, full length version. The first 500 words being identical.
The former, to read in court, and the latter, to "hand up".
 
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JOH

Well-Known Member
10 October 2016
27
0
121
Sounds like a fair enough assumption.It might be a procedural thing to keep the list moving, matters going, and to keep the statement focussed.
One of the NSW specialist criminal lawyers here may have some insight.. Subject to what your lawyer(s) say, and if there's time, consider preparing two versions. The first 500 words of your twenty pages, and a separate, full length version. The first 500 words being identical.
The former, to read in court, and the latter, to "hand up".

I think the two versions is a good idea that I will follow up with the prosecutor. Thank you for your time and effort to help me- I will let you know the result.