R v Sigalla [2016] NSWSC 1178

R v Sigalla [2016] NSWSC 1178

The order to permit evidence by audio visual link was granted because suitable facilities are available, the witness cannot be compelled to attend in person from the United States, practical reasons were proven for his unavailability, and any potential unfairness is sufficiently ameliorated.

Jurisdiction
Australia
Judgment Date
19 August 2016
Procedural Posture
Criminal / Interlocutory Application
Outcome
application granted
Legal Topics
['audio Visual Evidence' 'application for Evidence by Audio Visual Link' 'procedural Fairness']
['criminal Law' 'evidence'] ['audio Visual Evidence' 'application for Evidence by Audio Visual Link' 'procedural Fairness']

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Procedural Posture

Criminal / Interlocutory Application

Legal Issues

  1. 1 ['Whether evidence may be given by audio visual link under s 5B of the Evidence (Audio and Audio Visual Links) Act 1988 (NSW)' 'Whether the direction would be unfair to the accused']

Ratio Decidendi

The order to permit evidence by audio visual link was granted because suitable facilities are available, the witness cannot be compelled to attend in person from the United States, practical reasons were proven for his unavailability, and any potential unfairness is sufficiently ameliorated.

Court Disposition

application granted

Orders

  • ['Pursuant to s 5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW), Christopher Gerard Kelliher is to give evidence in the trial of Mr Sigalla by way of audio-visual link from The Video Conference Centre at 8th Floor, 260 Madison Ave, NY 10016.']