R v Dougas; R v Read; R v Linke; R v Casamento; R v Counihan [2020] NSWSC 1731

R v Dougas; R v Read; R v Linke; R v Casamento; R v Counihan [2020] NSWSC 1731

The Court's power under s 22C(2A) and (7A) of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW), together with the expressed consents of all parties, permits arraignment of each accused by audio visual link from within or outside New South Wales, including overseas, for the purposes of the listed arraignment and any appearances up to 26 March 2021.

Jurisdiction
Australia
Judgment Date
03 December 2020
Procedural Posture
Criminal / Procedural Ruling Before Arraignment
Outcome
Application granted; accused permitted to appear by audio visual link for arraignment and subsequent appearances as consented.
Legal Topics
['arraignment' 'remote Appearances' 'audio Visual Link' 'jurisdiction' 'covid 19 Special Provisions']
['criminal Law' 'criminal Procedure'] ['arraignment' 'remote Appearances' 'audio Visual Link' 'jurisdiction' 'covid 19 Special Provisions']

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Procedural Posture

Criminal / Procedural Ruling Before Arraignment

Legal Issues

  1. 1 ['Whether the Court has power to arraign accused by audio visual link from outside New South Wales, including outside Australia' 'Statutory interpretation of s 22C(2A) and (7A) Evidence (Audio and Audio Visual Links) Act 1998 (NSW) in relation to arraignment from interstate/overseas']

Ratio Decidendi

The Court's power under s 22C(2A) and (7A) of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW), together with the expressed consents of all parties, permits arraignment of each accused by audio visual link from within or outside New South Wales, including overseas, for the purposes of the listed arraignment and any appearances up to 26 March 2021.

Court Disposition

Application granted; accused permitted to appear by audio visual link for arraignment and subsequent appearances as consented.

Orders

  • ['The Crown and each of the accused have pursuant to s 22C(2A) of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) consented to appearance by audio visual link for arraignment on 9 December 2020 and, subject to further order, any subsequent appearances up to and including 26 March 2021.']