R v Sloan (No. 1) [2022] NSWDC 492

R v Sloan (No. 1) [2022] NSWDC 492

The evidence established the complainant and his partner had genuine fears for their safety if required to testify in the presence of the accused, supported by objective material and patterns of intimidation. The administration of justice required granting the application for remote evidence via audio visual link. The offences charged were inextricably linked by a factual sequence originating from the relationship between the accused and complainant; the alleged conduct formed a continuous narrative such that severing Counts Four, Five, and Six was not in the interests of justice. Appropriate jury directions could address any prejudice from having the accused's custodial status revealed.

Jurisdiction
Australia
Judgment Date
19 October 2022
Procedural Posture
Criminal / Procedural Ruling (voir Dire Before Trial; Ruling on Application to Adduce Evidence by Audio Visual Link and Application to Sever Indictment Counts)
Outcome
Crown's application to adduce evidence by audio visual link is granted; accused's application to sever counts is refused.
Legal Topics
['evidence by Audio Visual Link' 'severance of Counts' 'witness Intimidation' 'violent Offences' 'stalking and Intimidation' 'use of Offensive Weapon' 'detain for Advantage' 'apprehended Violence Orders']
['criminal Law' 'criminal Procedure'] ['evidence by Audio Visual Link' 'severance of Counts' 'witness Intimidation' 'violent Offences' 'stalking and Intimidation' 'use of Offensive Weapon' 'detain for Advantage' 'apprehended Violence Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Procedural Ruling (voir Dire Before Trial; Ruling on Application to Adduce Evidence by Audio Visual Link and Application to Sever Indictment Counts)

Legal Issues

  1. 1 ['Whether evidence of the complainant and his partner may be led by audio visual link from a remote location under s 5B Evidence (Audio and Audio Visual Links) Act 1998' 'Whether Counts Four, Five, and Six should be severed from the indictment to be tried separately under s 21 Criminal Procedure Act 1986']

Ratio Decidendi

The evidence established the complainant and his partner had genuine fears for their safety if required to testify in the presence of the accused, supported by objective material and patterns of intimidation. The administration of justice required granting the application for remote evidence via audio visual link. The offences charged were inextricably linked by a factual sequence originating from the relationship between the accused and complainant; the alleged conduct formed a continuous narrative such that severing Counts Four, Five, and Six was not in the interests of justice. Appropriate jury directions could address any prejudice from having the accused's custodial status revealed.

Court Disposition

Crown's application to adduce evidence by audio visual link is granted; accused's application to sever counts is refused.

Orders

  • ['Order that the evidence of the complainant Tyron Smith and the evidence of Daisy McDonagh may be adduced by audio visual link from a place within New South Wales remote from the court complex in which the trial is to be conducted.' 'The application to sever Counts Four, Five and Six from the current indictment is...