R v Xie (No 1) [2015] NSWSC 2115

R v Xie (No 1) [2015] NSWSC 2115

A proper basis was made out for the Crown's requested orders because audiovisual recordings would preserve important Crown evidence for possible use if the pending trial did not proceed to verdict or if a retrial occurred, the elderly witnesses might become unavailable in the future, and appropriate arrangements could be made without adversely affecting the accused's trial.

Jurisdiction
Australia
Judgment Date
03 February 2015
Procedural Posture
Criminal Proceedings on Five Counts of Murder / Pretrial Notice of Motion for Audiovisual Recording of Evidence
Outcome
Crown application granted; audiovisual recording orders made.
Legal Topics
['audiovisual Recording of Evidence' 'pretrial Application' 'retrial Precaution' 'witness Evidence']
['criminal Law' 'criminal Procedure'] ['audiovisual Recording of Evidence' 'pretrial Application' 'retrial Precaution' 'witness Evidence']

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Procedural Posture

Criminal Proceedings on Five Counts of Murder / Pretrial Notice of Motion for Audiovisual Recording of Evidence

Legal Issues

  1. 1 ["Whether the evidence of Yang Fei Lin, Feng Qin Zhu and Brenda Lin should be audiovisually recorded at the accused's pending trial." 'Whether a proper basis existed to make audiovisual recording orders as a precaution in case of a further trial or retrial.']

Ratio Decidendi

A proper basis was made out for the Crown's requested orders because audiovisual recordings would preserve important Crown evidence for possible use if the pending trial did not proceed to verdict or if a retrial occurred, the elderly witnesses might become unavailable in the future, and appropriate arrangements could be made without adversely affecting the accused's trial.

Court Disposition

Crown application granted; audiovisual recording orders made.

Orders

  • ['The evidence of Yang Fei Lin, Feng Qin Zhu and Brenda Lin at the trial of the accused (Lian Bin (Robert) Xie) be audiovisually recorded.' 'That a copy of the audiovisual record of the evidence of each of the witnesses the subject of Order 1 be provided to the Court, the office of the Director of Public...