Regina v Darwiche & Ors [2006] NSWSC 926

Regina v Darwiche & Ors [2006] NSWSC 926

In the interests of justice and given the fears and distress experienced by the witnesses, and the absence of unfair prejudice to the accused, the evidence of Mr W and Mr X in the voir dire was directed to be taken by audio-visual link pursuant to s 5B of the Evidence (Audio and Audio Visual Links) Act 1998.

Jurisdiction
Australia
Judgment Date
19 April 2006
Procedural Posture
Criminal Trial / Application for Evidence to Be Taken by Audio Visual Link During Voir Dire
Outcome
Application granted
Legal Topics
['use of Audiovisual Link for Evidence' 'witness Intimidation' 'procedural Fairness']
['criminal Law'] ['use of Audiovisual Link for Evidence' 'witness Intimidation' 'procedural Fairness']

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Procedural Posture

Criminal Trial / Application for Evidence to Be Taken by Audio Visual Link During Voir Dire

Legal Issues

  1. 1 ['Whether the evidence of indemnified witnesses Mr W and Mr X should be taken by audio-visual link pursuant to s 5B of the Evidence (Audio and Audio Visual Links) Act 1998']

Ratio Decidendi

In the interests of justice and given the fears and distress experienced by the witnesses, and the absence of unfair prejudice to the accused, the evidence of Mr W and Mr X in the voir dire was directed to be taken by audio-visual link pursuant to s 5B of the Evidence (Audio and Audio Visual Links) Act 1998.

Court Disposition

Application granted

Orders

  • ['Evidence of Mr W and Mr X to be taken by audio-visual link from outside the courtroom for voir dire hearing']