R v Chalabian (No. 7) [2022] NSWSC 227

R v Chalabian (No. 7) [2022] NSWSC 227

A direction under s.22C(3A) was justified because the Accused was on bail, the proceedings were physical appearance proceedings being a trial on indictment, both parties consented and had been heard, the Accused had tested positive for COVID-19 and was legally required to self-isolate, his physical attendance posed a public health risk, continuing the trial by audio-visual link would avoid significant interference with the administration of justice and the efficient use of resources, and the Court was satisfied that appropriate technical facilities and private communication with lawyers could be provided.

Jurisdiction
Australia
Judgment Date
04 March 2022
Procedural Posture
Criminal Jury Trial on Indictment / Procedural Ruling on Joint Application for the Accused to Appear at Trial by Audio Visual Link During COVID 19 Self Isolation
Outcome
Direction given under s.22C(3A) Evidence (Audio and Audio Visual Links) Act 1998.
Legal Topics
['audio Visual Link Appearance by Accused' 'covid 19 Self Isolation' 'jury Trial Continuity' 'interests of Justice Under S.22 C Evidence (audio and Audio Visual Links) Act 1998']
['criminal Procedure' 'evidence' 'public Health'] ['audio Visual Link Appearance by Accused' 'covid 19 Self Isolation' 'jury Trial Continuity' 'interests of Justice Under S.22 C Evidence (audio and Audio Visual Links) Act 1998']

Case Brief

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Procedural Posture

Criminal Jury Trial on Indictment / Procedural Ruling on Joint Application for the Accused to Appear at Trial by Audio Visual Link During COVID 19 Self Isolation

Legal Issues

  1. 1 ['Whether the Court should give a direction under s.22C(3A) Evidence (Audio and Audio Visual Links) Act 1998 permitting the Accused, who was on bail and required to self-isolate after testing positive for COVID-19, to appear at his criminal trial by audio-visual link on 7, 8 and 9 March 2022.' "Whether such a direction was in the interests of justice having regard to the public health risk posed by COVID-19, efficient use of judicial and administrative resources, the parties' consent, available facilities, and the Accused's ability to communicate privately with his lawyers."]

Ratio Decidendi

A direction under s.22C(3A) was justified because the Accused was on bail, the proceedings were physical appearance proceedings being a trial on indictment, both parties consented and had been heard, the Accused had tested positive for COVID-19 and was legally required to self-isolate, his physical attendance posed a public health risk, continuing the trial by audio-visual link would avoid significant interference with the administration of justice and the efficient use of resources, and the Court was satisfied that appropriate technical facilities and private communication with lawyers could be provided.

Court Disposition

Direction given under s.22C(3A) Evidence (Audio and Audio Visual Links) Act 1998.

Orders

  • ['The Accused is to appear by audio-visual link for his criminal trial on 7, 8 and 9 March 2022.']