R v Coss (No 9) [2023] NSWSC 269

R v Coss (No 9) [2023] NSWSC 269

Because the necessary audio visual link facilities were available, the accused did not oppose the application, there were no identified credibility issues or unfairness, the witnesses were expected to give evidence pursuant to subpoenas, and their distance from court and personal circumstances including age meant their evidence could not more conveniently be given in the courtroom, the requirements of s 5B(2) were satisfied and the three witnesses should give evidence by audio visual link. Dr Lorraine Du Toit-Prinsloo was confirmed to be a Government Agency Witness with available audio visual link facilities.

Jurisdiction
Australia
Judgment Date
16 March 2023
Procedural Posture
Criminal Procedure Ruling in a Judge Alone Murder Trial / Application During Trial for Crown Witnesses to Give Evidence by Audio Visual Link
Outcome
Orders made directing three witnesses to give evidence by audio visual link and confirming Dr Lorraine Du Toit-Prinsloo as a Government Agency Witness to give evidence by audio visual link.
Legal Topics
['audio Visual Link Evidence' 'judge Alone Trial' 'government Agency Witness' 'murder Trial']
['criminal Procedure' 'evidence'] ['audio Visual Link Evidence' 'judge Alone Trial' 'government Agency Witness' 'murder Trial']

Case Brief

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Procedural Posture

Criminal Procedure Ruling in a Judge Alone Murder Trial / Application During Trial for Crown Witnesses to Give Evidence by Audio Visual Link

Legal Issues

  1. 1 ['Whether three Crown witnesses should be directed under s 5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) to give evidence by audio visual link from Inverell.' 'Whether Dr Lorraine Du Toit-Prinsloo is a Government Agency Witness pursuant to s 5B(AA) of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) and must give evidence by audio visual link from a place within New South Wales.']

Ratio Decidendi

Because the necessary audio visual link facilities were available, the accused did not oppose the application, there were no identified credibility issues or unfairness, the witnesses were expected to give evidence pursuant to subpoenas, and their distance from court and personal circumstances including age meant their evidence could not more conveniently be given in the courtroom, the requirements of s 5B(2) were satisfied and the three witnesses should give evidence by audio visual link. Dr Lorraine Du Toit-Prinsloo was confirmed to be a Government Agency Witness with available audio visual link facilities.

Court Disposition

Orders made directing three witnesses to give evidence by audio visual link and confirming Dr Lorraine Du Toit-Prinsloo as a Government Agency Witness to give evidence by audio visual link.

Orders

  • ['That in the trial of Bruce Anthony Coss pursuant to s 5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) the following witnesses are directed to give evidence by audio visual link from Inverell: Peter Kennedy; Darryl Blackman; Alfred King.' 'Dr Lorraine Du Toit-Prinsloo is a Government Agency Witness...