R v Macdonald; R v Edward Obeid; R v Moses Obeid (No 11) [2020] NSWSC 382

R v Macdonald; R v Edward Obeid; R v Moses Obeid (No 11) [2020] NSWSC 382

The trial was adjourned because the Court found that conducting the accused's trial in a virtual courtroom was impractical and that the accused's right to a fair trial would be at risk if the trial continued under the existing COVID-19 health restrictions and the Chief Justice's direction prohibiting physical appearances in trial proceedings.

Jurisdiction
Australia
Judgment Date
08 April 2020
Procedural Posture
Criminal Trial / Application to Adjourn Part Heard Joint Trial
Outcome
Trial adjourned to 31 August 2020.
Legal Topics
['adjournment' 'virtual Courtroom' 'audio Visual Link' 'covid 19 Restrictions' 'fair Trial']
['criminal Law' 'practice and Procedure'] ['adjournment' 'virtual Courtroom' 'audio Visual Link' 'covid 19 Restrictions' 'fair Trial']

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Procedural Posture

Criminal Trial / Application to Adjourn Part Heard Joint Trial

Legal Issues

  1. 1 ['Whether the part-heard joint criminal trial should be adjourned because it was impractical to continue in a virtual courtroom during COVID-19 restrictions.' "Whether continuing the trial remotely would put the accused's right to a fair trial at risk." 'Whether witnesses, the accused and legal representatives could practically participate by audio visual link.']

Ratio Decidendi

The trial was adjourned because the Court found that conducting the accused's trial in a virtual courtroom was impractical and that the accused's right to a fair trial would be at risk if the trial continued under the existing COVID-19 health restrictions and the Chief Justice's direction prohibiting physical appearances in trial proceedings.

Court Disposition

Trial adjourned to 31 August 2020.

Orders

  • ['The trial is adjourned to 31 August 2020.' 'The trial is to be mentioned on 3 August 2020 to confirm that date.' 'On resumption, subject to further order, the trial will continue to verdict.']