R v Macdonald; R v Maitland (No 6) [2022] NSWSC 1270

R v Macdonald; R v Maitland (No 6) [2022] NSWSC 1270

Because the application was not opposed, the necessary facilities were available at the Director of Public Prosecutions' Newcastle office, there was no unfairness to any party, the witness would give evidence, and her relatively brief and not significantly contentious additional evidence could more conveniently be given by audio visual link given her location and care obligations, an order under s 5B(1) should be made.

Jurisdiction
Australia
Judgment Date
20 September 2022
Procedural Posture
Criminal Procedure; Judge Alone Trial / Procedural Ruling on Crown Application for Witness to Give Evidence by Audio Visual Link in a Retrial
Outcome
Application granted; audio visual link orders made.
Legal Topics
['audio Visual Link Evidence' 'judge Alone Trial' 'crown Witness Evidence' 'retrial']
['criminal Procedure' 'evidence'] ['audio Visual Link Evidence' 'judge Alone Trial' 'crown Witness Evidence' 'retrial']

Case Brief

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Procedural Posture

Criminal Procedure; Judge Alone Trial / Procedural Ruling on Crown Application for Witness to Give Evidence by Audio Visual Link in a Retrial

Legal Issues

  1. 1 ['Whether the Crown witness Julie Moloney should be permitted to give evidence by audio visual link under s 5B(1) of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW).' 'Whether any of the prohibiting factors in s 5B(2) of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) applied, including unavailability of facilities, greater convenience of courtroom evidence, unfairness to any party, or whether the witness would not give evidence.']

Ratio Decidendi

Because the application was not opposed, the necessary facilities were available at the Director of Public Prosecutions' Newcastle office, there was no unfairness to any party, the witness would give evidence, and her relatively brief and not significantly contentious additional evidence could more conveniently be given by audio visual link given her location and care obligations, an order under s 5B(1) should be made.

Court Disposition

Application granted; audio visual link orders made.

Orders

  • ['An audio visual link be established from the Supreme Court, Darlinghurst, with respect to the witness Julie Moloney at the Office of the Director of Public Prosecutions Newcastle office on 20 September 2022 at approximately 10:15am.' 'The Office of the Director of Public Prosecutions pay all reasonable costs...