Regina v Darwiche & Ors [2006] NSWSC 928

Regina v Darwiche & Ors [2006] NSWSC 928

It is in the interests of the administration of justice for the evidence of Mr Taleb to be taken by audio-visual link, as it would be more comprehensible and would not occasion unfairness to the accused considering the witness' disability and the quality of available equipment.

Parties
Prosecution: Regina; Accused: Adnan Darwiche; Accused: Nasaem El-Zeyat; Accused: Ramzi Aouad; Accused: Abass Osman
Jurisdiction
Australia
Judgment Date
18 July 2006
Procedural Posture
Criminal Trial / Interlocutory Application for Evidence by Audio Visual Link
Outcome
Application granted
Legal Topics
Audio Visual Evidence, Witness Disability, Jury Trial Procedure
Criminal Law Evidence Audio Visual Evidence Witness Disability Jury Trial Procedure

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Parties

Regina

Prosecution

Adnan Darwiche

Accused

Nasaem El-Zeyat

Accused

Ramzi Aouad

Accused

Abass Osman

Accused

Procedural Posture

Criminal Trial / Interlocutory Application for Evidence by Audio Visual Link

Legal Issues

  1. 1 Whether evidence of a central Crown witness with a stutter should be taken by audio-visual link under Evidence (Audio and Audio-Visual Links) Act 1998 s 5B(1)
  2. 2 Whether taking evidence in this way would be unfair to the accused

Ratio Decidendi

It is in the interests of the administration of justice for the evidence of Mr Taleb to be taken by audio-visual link, as it would be more comprehensible and would not occasion unfairness to the accused considering the witness' disability and the quality of available equipment.

Court Disposition

Application granted

Orders

  • Evidence of witness, Khaled Taleb, to be taken by audio-visual link