R v Warwick (No.51) [2018] NSWSC 1555

R v Warwick (No.51) [2018] NSWSC 1555

The order was made because the medical and other evidence showed that Mr Barnes' psychiatric and psychological condition meant he was not fit to attend court in Sydney in person and might be unable to give evidence properly if required to do so, whereas he was willing and likely able to give evidence by audio-visual link. The court was not satisfied that audio-visual link evidence would be unfair to the Accused, that the evidence could more conveniently be given in court, or that adequate facilities were unavailable or could not reasonably be made available.

Jurisdiction
Australia
Judgment Date
04 October 2018
Procedural Posture
Common Law Criminal / Notice of Motion by the Crown for an Order That Robert Barnes Give Evidence by Audio Visual Link
Outcome
Application granted
Legal Topics
['audio Visual Link Evidence' 'fitness of Witness to Give Evidence' 'unfairness to Accused' 'credibility Assessment' 'availability of Audio Visual Facilities']
['criminal Procedure' 'evidence'] ['audio Visual Link Evidence' 'fitness of Witness to Give Evidence' 'unfairness to Accused' 'credibility Assessment' 'availability of Audio Visual Facilities']

Case Brief

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Procedural Posture

Common Law Criminal / Notice of Motion by the Crown for an Order That Robert Barnes Give Evidence by Audio Visual Link

Legal Issues

  1. 1 ['Whether Robert Barnes should be directed under s 5B(1) of the Evidence (Audio and Audio Visual Links) Act 1998 to give evidence by audio-visual link from Victoria.' 'Whether the necessary audio-visual link facilities were unavailable or could not reasonably be made available.' 'Whether the evidence could more conveniently be given in the courtroom.' 'Whether the direction would be unfair to the Accused, including because of credibility assessment and practical cross-examination issues.' 'Whether Mr Barnes would give evidence by audio-visual link.']

Ratio Decidendi

The order was made because the medical and other evidence showed that Mr Barnes' psychiatric and psychological condition meant he was not fit to attend court in Sydney in person and might be unable to give evidence properly if required to do so, whereas he was willing and likely able to give evidence by audio-visual link. The court was not satisfied that audio-visual link evidence would be unfair to the Accused, that the evidence could more conveniently be given in court, or that adequate facilities were unavailable or could not reasonably be made available.

Court Disposition

Application granted

Orders

  • ['Pursuant to s 5B(1) of the Evidence (Audio and Audio Visual Links) Act 1998, Robert Barnes is to give evidence by audio-visual link from a place in Victoria.' 'The giving of evidence of Mr Barnes is not to commence before 15 October 2018.' 'Subject to any further order, the giving of evidence by Mr Barnes is not...