KN v R [2017] NSWCCA 249

KN v R [2017] NSWCCA 249

The application for a temporary stay was refused because the direction or permission for the complainant and complaint witness to give evidence by AVL using Jabber was not an interlocutory judgment or order within Criminal Appeal Act 1912 (NSW), s 5F; the prospects of leave to appeal on that issue were slight in the extreme; and the applicant failed to show House v The King error in the refusal of the adjournment or any other unfairness requiring a temporary stay.

Jurisdiction
Australia
Judgment Date
20 October 2017
Procedural Posture
Criminal Application for a Temporary Stay Pending Determination of an Application for Leave to Appeal Under Criminal Appeal Act 1912 (nsw), S 5 F / Court of Criminal Appeal Application Arising From District Court Trial Judge's Decision Made 20 September 2017
Outcome
Application for a stay pending the hearing of the applicant's appeal from the decision of the trial judge made 20 September 2017 refused.
Legal Topics
['temporary Stay of Criminal Trial' 'leave to Appeal Against Interlocutory Judgment or Order' 'audio Visual Link Evidence' 'adjournment of Trial' 'sexual Offence Trial Procedure' 'use of Jabber Technology for Remote Evidence']
['criminal Law' 'criminal Procedure' 'evidence'] ['temporary Stay of Criminal Trial' 'leave to Appeal Against Interlocutory Judgment or Order' 'audio Visual Link Evidence' 'adjournment of Trial' 'sexual Offence Trial Procedure' 'use of Jabber Technology for Remote Evidence']

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Procedural Posture

Criminal Application for a Temporary Stay Pending Determination of an Application for Leave to Appeal Under Criminal Appeal Act 1912 (nsw), S 5 F / Court of Criminal Appeal Application Arising From District Court Trial Judge's Decision Made 20 September 2017

Legal Issues

  1. 1 ["Whether the trial judge's direction or permission that the complainant and complaint witness could give evidence by audio visual link using Jabber technology was an interlocutory judgment or order within Criminal Appeal Act 1912 (NSW), s 5F." 'Whether the trial judge erred in permitting evidence to be given by audio visual link from overseas residential locations using Jabber technology.' "Whether the trial judge erred in refusing the applicant's application to adjourn the trial." 'Whether a temporary stay was necessary to prevent injustice or ensure a fair trial.']

Ratio Decidendi

The application for a temporary stay was refused because the direction or permission for the complainant and complaint witness to give evidence by AVL using Jabber was not an interlocutory judgment or order within Criminal Appeal Act 1912 (NSW), s 5F; the prospects of leave to appeal on that issue were slight in the extreme; and the applicant failed to show House v The King error in the refusal of the adjournment or any other unfairness requiring a temporary stay.

Court Disposition

Application for a stay pending the hearing of the applicant's appeal from the decision of the trial judge made 20 September 2017 refused.

Orders

  • ["Application for a stay pending the hearing of the applicant's appeal from the decision of the trial judge made 20 September 2017 refused."]