R v Jenkin (No 3) [2018] NSWSC 687

R v Jenkin (No 3) [2018] NSWSC 687

The Crown failed to satisfy the court that it is in the interests of the administration of justice for the witness to give evidence by audio visual link as required by s 5B(3). There was no sufficient evidence of hardship or difficulty in attending court, and the accused's right to confrontation was not outweighed.

Jurisdiction
Australia
Judgment Date
07 May 2018
Procedural Posture
Criminal / Application for Witness to Give Evidence by Audio Visual Link
Outcome
Application refused
Legal Topics
['procedure' 'witnesses' 'evidence by Audio Visual Link']
['criminal Law'] ['procedure' 'witnesses' 'evidence by Audio Visual Link']

Case Brief

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Procedural Posture

Criminal / Application for Witness to Give Evidence by Audio Visual Link

Legal Issues

  1. 1 ['Whether the witness should be permitted to give evidence by way of audio visual link under s 5B of the Evidence (Audio and Audio Visual Links) Act 1998']

Ratio Decidendi

The Crown failed to satisfy the court that it is in the interests of the administration of justice for the witness to give evidence by audio visual link as required by s 5B(3). There was no sufficient evidence of hardship or difficulty in attending court, and the accused's right to confrontation was not outweighed.

Court Disposition

Application refused

Orders

  • ["The Crown's application for the witness to give evidence by audio visual link is refused."]