REGINA v WILKIE, BURROUGHS & MAINPRIZE [2005] NSWCCA 311

REGINA v WILKIE, BURROUGHS & MAINPRIZE [2005] NSWCCA 311

The taking of evidence by video-link from a witness overseas does not contravene section 80 of the Constitution, as the trial is still held 'in the State' where the reception of evidence and the proceedings occur; the constitution is adaptable to technological methods of evidence presentation.

Jurisdiction
Australia
Judgment Date
29 August 2005
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Interlocutory Decision
Outcome
leave refused
Legal Topics
['trial by Jury' 'video Link Testimony' 'venue of Trial' 'commonwealth Offences']
['constitutional Law' 'criminal Law'] ['trial by Jury' 'video Link Testimony' 'venue of Trial' 'commonwealth Offences']

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Interlocutory Decision

Legal Issues

  1. 1 ["Whether a witness giving evidence by video-link from overseas violates the requirement in s80 of the Constitution that a trial on indictment for a Commonwealth offence be held 'in the State where the offence was committed'." 'Whether s5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) is constitutionally permissible when applied to Commonwealth criminal trials.']

Ratio Decidendi

The taking of evidence by video-link from a witness overseas does not contravene section 80 of the Constitution, as the trial is still held 'in the State' where the reception of evidence and the proceedings occur; the constitution is adaptable to technological methods of evidence presentation.

Court Disposition

leave refused

Orders

  • ['Leave to appeal is refused.']