R v Brian Lee [2019] NSWSC 538

It is in the interests of the administration of justice that the accused attend his trial by audio-visual link, especially as both parties consent and there will be minimal factual dispute at trial.

Parties: Prosecutor: Director of Public Prosecutions (Crown); Accused: Brian Lee
Jurisdiction: Australia
Judgment Date: 09 May 2019
Procedural Posture: Criminal / Pre Trial Directions Hearing
Outcome: Pre-trial procedural orders made permitting accused to attend trial via audio-visual link.
Legal Topics: Pre Trial Directions, Mental Illness Defence, Appearance Via Audio Visual Link

Criminal Law Pre Trial Directions Mental Illness Defence Appearance Via Audio Visual Link

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Parties

Director of Public Prosecutions (Crown)

Prosecutor

Brian Lee

Accused

Procedural Posture

Criminal / Pre Trial Directions Hearing

Legal Issues

1 Whether the accused should appear at trial in person or by audio-visual link under s 5BA of the Evidence (Audio and Audio-Visual Links) Act 1998

Ratio Decidendi

It is in the interests of the administration of justice that the accused attend his trial by audio-visual link, especially as both parties consent and there will be minimal factual dispute at trial.

Court Disposition

Pre-trial procedural orders made permitting accused to attend trial via audio-visual link.

Orders

Until further order, pursuant to s 5BA(3) of the Evidence (Audio and Audio-Visual Links) Act 1998, the Accused is not required to appear in court in person for his trial which is due to commence on 20 May 2019.
Until further order, the Accused be present at his trial by audio-visual link from the place at which he is held in custody, the Hampton Unit, Metropolitan Remand and Reception Centre, Silverwater Correctional Complex.