R v Warwick (No.27) [2018] NSWSC 753

R v Warwick (No.27) [2018] NSWSC 753

It is appropriate to allow both witnesses to give evidence by audio visual link on 25 May 2018, with the Court reserving its position on admissibility and practical feasibility of Mr Barnes' substantive evidence until the quality of the link and nature of cross-examination are assessed.

Jurisdiction
Australia
Judgment Date
23 May 2018
Procedural Posture
Criminal / Procedural Ruling During Trial
Outcome
Orders made permitting evidence via audio visual link for both witnesses, subject to reservations about substantive admissibility issues.
Legal Topics
['criminal Procedure' 'evidence' 'audio Visual Link of Witnesses']
['criminal Law'] ['criminal Procedure' 'evidence' 'audio Visual Link of Witnesses']

Case Brief

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Procedural Posture

Criminal / Procedural Ruling During Trial

Legal Issues

  1. 1 ['Whether evidence of expert witness (Mr Robert Barnes) and the doctor (Dr Dimuthu Chamara Hettiarachchi) should be taken by audio-visual facilities' 'Fitness of expert witness to give evidence']

Ratio Decidendi

It is appropriate to allow both witnesses to give evidence by audio visual link on 25 May 2018, with the Court reserving its position on admissibility and practical feasibility of Mr Barnes' substantive evidence until the quality of the link and nature of cross-examination are assessed.

Court Disposition

Orders made permitting evidence via audio visual link for both witnesses, subject to reservations about substantive admissibility issues.

Orders

  • ['Order, pursuant to s 5B of the Evidence (Audio and Audio Visual Links) Act 1998 that the evidence of Dr Dimuthu Chamara Hettiarachchi be taken by audio visual link on Friday 25 May 2018 from a place in Victoria.' 'Order, pursuant to s 5B of the Evidence (Audio and Audio Visual Links) Act 1998 that the evidence of...