R v Coss (No 3) [2022] NSWSC 793

R v Coss (No 3) [2022] NSWSC 793

Because the application was unopposed, the necessary facilities were available, there was no unfairness to any party, there was no basis to think the witnesses would not give evidence, and the Court was not satisfied that the evidence of any of the three witnesses could more conveniently be given in the courtroom, directions for evidence by audio visual link should be made.

Jurisdiction
Australia
Judgment Date
31 May 2022
Procedural Posture
Criminal Trial, Judge Alone, Murder / Crown Application for Three Witnesses to Give Evidence by Audio Visual Link
Outcome
Application granted; orders made for three Crown witnesses to give evidence by audio visual link.
Legal Topics
['audio Visual Link Evidence' 'witness Evidence' 'judge Alone Murder Trial']
['criminal Procedure' 'evidence'] ['audio Visual Link Evidence' 'witness Evidence' 'judge Alone Murder Trial']

Case Brief

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Procedural Posture

Criminal Trial, Judge Alone, Murder / Crown Application for Three Witnesses to Give Evidence by Audio Visual Link

Legal Issues

  1. 1 ['Whether directions should be made for Gary McCrum, Wayne Johnson and Laurel Gudshus to give evidence by audio visual link under s 5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW).' 'Whether any of the prohibitions in s 5B(2)(a)-(d) applied, including facility availability, convenience, unfairness to any party, and whether the witnesses would give evidence.']

Ratio Decidendi

Because the application was unopposed, the necessary facilities were available, there was no unfairness to any party, there was no basis to think the witnesses would not give evidence, and the Court was not satisfied that the evidence of any of the three witnesses could more conveniently be given in the courtroom, directions for evidence by audio visual link should be made.

Court Disposition

Application granted; orders made for three Crown witnesses to give evidence by audio visual link.

Orders

  • ['An audio/visual link be established from the Supreme Court, Moree for Gary McCrum at Wyong Police Station on 31 May 2022 at approximately 11am, Wayne Johnson at Moree Court House/Moree Police Station on 1 June 2022 at approximately 10am, and Laurel Gudshus at Moree Court House/Moree Police Station on 6 June 2022...