R v Niguidula (No 7) [2023] NSWSC 571

R v Niguidula (No 7) [2023] NSWSC 571

The Court was satisfied that facilities were available at the police station, that the evidence could not more conveniently be given where the Court was sitting given the witness' difficulty travelling to Sydney, that the direction would not be unfair because the accused did not oppose it, and that Sergeant Malcolm Elliott would give evidence by AVL if called; therefore no s 5B(2) prohibition applied and the order was appropriate.

Jurisdiction
Australia
Judgment Date
22 May 2023
Procedural Posture
Criminal Trial Murder / Application for Crown Witness to Give Evidence by Audio Visual Link
Outcome
Application granted; direction made for Sergeant Malcolm Elliott to give evidence by audio visual link.
Legal Topics
['audio Visual Link Evidence' 'crown Witness' 'trial Procedure']
['criminal Procedure' 'evidence'] ['audio Visual Link Evidence' 'crown Witness' 'trial Procedure']

Case Brief

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Procedural Posture

Criminal Trial Murder / Application for Crown Witness to Give Evidence by Audio Visual Link

Legal Issues

  1. 1 ['Whether the Court should direct Sergeant Malcolm Elliott to give evidence by audio visual link from a location in New South Wales other than the courtroom.' 'Whether any prohibition in s 5B(2) of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) prevented the direction being made.']

Ratio Decidendi

The Court was satisfied that facilities were available at the police station, that the evidence could not more conveniently be given where the Court was sitting given the witness' difficulty travelling to Sydney, that the direction would not be unfair because the accused did not oppose it, and that Sergeant Malcolm Elliott would give evidence by AVL if called; therefore no s 5B(2) prohibition applied and the order was appropriate.

Court Disposition

Application granted; direction made for Sergeant Malcolm Elliott to give evidence by audio visual link.

Orders

  • ['Pursuant to s 5BAA of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) direct one police witness to give evidence to the court by audio visual link from a location in New South Wales other than the courtroom at which the court is sitting.' 'The witness subject to Order 1 is Sergeant Malcolm Elliott. The...