R v Macdonald; R v Maitland [2022] NSWSC 1207

R v Macdonald; R v Maitland [2022] NSWSC 1207

Given Mr Maitland's residence in Victoria, the impending trial date, the presence of necessary facilities, and lack of opposition from the Crown, it is appropriate and fair for evidence concerning the judge alone trial election to be given by a combination of audio and audio visual link.

Parties
Crown: Regina; Accused: Ian Michael Macdonald; Accused: John William Maitland
Jurisdiction
Australia
Judgment Date
18 August 2022
Procedural Posture
Criminal / Procedural Ruling Prior to Retrial
Outcome
Direction made
Legal Topics
Evidence by Audio Visual Link, Judge Alone Trial, Procedural Directions
Criminal Law Evidence by Audio Visual Link Judge Alone Trial Procedural Directions

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 1 Party arguments 2
Sign in to unlock

Parties

Regina

Crown

Ian Michael Macdonald

Accused

John William Maitland

Accused

Procedural Posture

Criminal / Procedural Ruling Prior to Retrial

Legal Issues

  1. 1 Whether evidence regarding the judge alone election by the unrepresented accused (Mr Maitland) may be given by audio and audio visual link

Ratio Decidendi

Given Mr Maitland's residence in Victoria, the impending trial date, the presence of necessary facilities, and lack of opposition from the Crown, it is appropriate and fair for evidence concerning the judge alone trial election to be given by a combination of audio and audio visual link.

Court Disposition

Direction made

Orders

  • Mr Maitland is directed to give evidence by way of a combination of audio and audio visual link in these proceedings with respect to the making of the judge alone election.