REGINA v. PARK [1999] NSWSC 921

REGINA v. PARK [1999] NSWSC 921

The motion was dismissed because the Court was not satisfied that the overseas witness would give evidence honestly under an oath or affirmation attracting any effective criminal law sanction, there was no equivalent local sanction, the evidence would be subject to serious challenge, and on the evidence before the Court receiving it by audio-visual link would not sufficiently serve the interests of justice or fairness to the accused.

Jurisdiction
Australia
Judgment Date
02 September 1999
Procedural Posture
Criminal Trial / Interlocutory Motion by the Crown to Take Evidence Overseas by Audio Visual Link
Outcome
Motion dismissed
Legal Topics
['audio Visual Link Evidence' 'overseas Witness' 'oath or Affirmation' 'fair Trial' 'murder Charges']
['criminal Law' 'evidence' 'criminal Procedure'] ['audio Visual Link Evidence' 'overseas Witness' 'oath or Affirmation' 'fair Trial' 'murder Charges']

Case Brief

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Procedural Posture

Criminal Trial / Interlocutory Motion by the Crown to Take Evidence Overseas by Audio Visual Link

Legal Issues

  1. 1 ["Whether the Court should grant the Crown's application to take evidence from an overseas witness by audio-visual link." 'Whether evidence given overseas without an effective sanction for false testimony or equivalent local sanction would meet the requirements for evidence in the trial.' 'Whether the interests of justice favoured receiving the proposed video link evidence having regard to fairness to the accused and the Crown.']

Ratio Decidendi

The motion was dismissed because the Court was not satisfied that the overseas witness would give evidence honestly under an oath or affirmation attracting any effective criminal law sanction, there was no equivalent local sanction, the evidence would be subject to serious challenge, and on the evidence before the Court receiving it by audio-visual link would not sufficiently serve the interests of justice or fairness to the accused.

Court Disposition

Motion dismissed

Orders

  • ['The motion seeking an order to allow the taking of audio-visual evidence is dismissed.']