R v Jenkin (No 7) [2018] NSWSC 728

R v Jenkin (No 7) [2018] NSWSC 728

Although the evidence was not as satisfactory as might have been hoped, it was not really challenged and showed a risk to Mr Bitton's mental health if required to appear in person. Considering s 5B, the letter, and the matters raised for the accused, the court was satisfied that it was in the interests of the administration of justice to direct that Mr Bitton give evidence remotely by audio visual link.

Jurisdiction
Australia
Judgment Date
14 May 2018
Procedural Posture
Criminal Proceeding / Application Under S 5 B of the Evidence (audio and Audio Visual Links) Act 1998 for a Witness to Give Evidence by Audio Visual Link
Outcome
Application granted.
Legal Topics
['evidence by Audio Visual Link' 'witnesses' 'interests of the Administration of Justice' 'mental Health of Witness']
['criminal Law' 'evidence' 'criminal Procedure'] ['evidence by Audio Visual Link' 'witnesses' 'interests of the Administration of Justice' 'mental Health of Witness']

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Procedural Posture

Criminal Proceeding / Application Under S 5 B of the Evidence (audio and Audio Visual Links) Act 1998 for a Witness to Give Evidence by Audio Visual Link

Legal Issues

  1. 1 ["Whether the Crown should be permitted to have the witness Mr Dale Bitton give evidence by audio visual link despite the accused's opposition." 'Whether the Crown satisfied the court that making the direction was in the interests of the administration of justice.']

Ratio Decidendi

Although the evidence was not as satisfactory as might have been hoped, it was not really challenged and showed a risk to Mr Bitton's mental health if required to appear in person. Considering s 5B, the letter, and the matters raised for the accused, the court was satisfied that it was in the interests of the administration of justice to direct that Mr Bitton give evidence remotely by audio visual link.

Court Disposition

Application granted.

Orders

  • ['Mr Dale Bitton is to give evidence from a remote location by way of audio visual link.']