R v Weaver (No 5) [2022] NSWSC 603
The application by the Crown to have Ms Howlett give evidence via audio visual link is refused because the judge determined that the circumstances did not justify a departure from the usual procedure of giving evidence in person in a murder trial, where natural justice and open court safeguards are particularly crucial.
- Jurisdiction
- Australia
- Judgment Date
- 19 April 2022
- Procedural Posture
- Criminal / Interlocutory (evidential/procedural Ruling During Trial)
- Outcome
- Crown's application refused; Ms Howlett to give evidence in person in the witness box in the presence of the jury.
- Legal Topics
- ['witness Evidence' 'audio Visual Link Applications' 'murder Trial Procedure']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Interlocutory (evidential/procedural Ruling During Trial)
Legal Issues
- 1 ['Whether Ms Howlett should be permitted to give evidence remotely via audio visual link rather than in person in the witness box']
Ratio Decidendi
The application by the Crown to have Ms Howlett give evidence via audio visual link is refused because the judge determined that the circumstances did not justify a departure from the usual procedure of giving evidence in person in a murder trial, where natural justice and open court safeguards are particularly crucial.
Court Disposition
Crown's application refused; Ms Howlett to give evidence in person in the witness box in the presence of the jury.
Orders
- ["Refuse the Crown's application for Ms Howlett to give evidence via audio visual link." 'Direct that Ms Howlett give evidence in person in the usual way in the presence of the jury from the witness box.']
Full Case Text
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