R v Choi (No 2) [2020] NSWSC 1849

R v Choi (No 2) [2020] NSWSC 1849

It is in the interests of justice and public health, and with the consent of the accused, that the Crown’s expert witnesses give evidence remotely via audio visual link under s 5B or s 22C of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW).

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 December 2020
Procedural Posture
Criminal / Interlocutory Ruling During Trial
Outcome
Application granted – order made allowing Crown witnesses to give evidence via audio visual link from outside New South Wales.
Legal Topics
['audio and Audio Visual Link for Witnesses' 'covid 19 Procedural Orders']
['criminal Law' 'evidence'] ['audio and Audio Visual Link for Witnesses' 'covid 19 Procedural Orders']

Source-derived case record

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Procedural Posture

Criminal / Interlocutory Ruling During Trial

Legal Issues

  1. 1 ['Whether Crown witnesses may give evidence via audio visual link from outside New South Wales under Evidence (Audio and Audio Visual Links) Act 1998 (NSW)']

Ratio Decidendi

It is in the interests of justice and public health, and with the consent of the accused, that the Crown’s expert witnesses give evidence remotely via audio visual link under s 5B or s 22C of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW).

Court Disposition

Application granted – order made allowing Crown witnesses to give evidence via audio visual link from outside New South Wales.

Orders

  • ['The following Crown witnesses give their evidence in the trial of the accused Chan Han Choi by way of audio visual link from a location outside New South Wales in accordance with s 5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW): Michael Elleman of Washington DC; David Hoyh of Concord, California;...