R v Wang (No 1) [2020] NSWSC 1255

R v Wang (No 1) [2020] NSWSC 1255

There is no basis for rejecting the tender of the CCTV footage as evidence, and proceedings must be conducted in open court unless strong and powerful reasons are provided to depart from open justice. Material capable of causing distress must give way to open justice, especially when warnings are given.

Jurisdiction
Australia
Judgment Date
14 September 2020
Procedural Posture
Criminal / Sentencing Proceeding
Outcome
CCTV footage admitted and to be played in open court
Legal Topics
['sentencing' 'admissibility of Evidence' 'open Justice' 'court Procedure']
['criminal Law'] ['sentencing' 'admissibility of Evidence' 'open Justice' 'court Procedure']

Case Brief

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Procedural Posture

Criminal / Sentencing Proceeding

Legal Issues

  1. 1 ['Whether CCTV footage should be admitted as evidence in sentencing proceedings' 'Whether the CCTV footage should be played in open court' 'Whether access to CCTV footage should be granted to third parties, specifically the media']

Ratio Decidendi

There is no basis for rejecting the tender of the CCTV footage as evidence, and proceedings must be conducted in open court unless strong and powerful reasons are provided to depart from open justice. Material capable of causing distress must give way to open justice, especially when warnings are given.

Court Disposition

CCTV footage admitted and to be played in open court

Orders

  • ['The CCTV footage is admitted as evidence.' 'The CCTV footage will be played in open court.']