R v Chalabian (No. 7) [2022] NSWSC 227

Supreme Court New South Wales

Medium Neutral Citation: R v Chalabian (No. 7) [2022] NSWSC 227 Hearing dates: 4 March 2022 Date of orders: 4 March 2022 Decision date: 04 March 2022 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: The Court gives a direction under s.22C(3A) Evidence (Audio and Audio Visual Links) Act 1998 that the Accused appear by audio-visual link for his criminal trial on 7, 8 and 9 March 2022. Catchwords: CRIME – jury trial – accused on bail – accused tested positive for COVID-19 and required to self-isolate for seven days – joint application by parties for accused to appear at trial by audio-visual link – application of s.22C(3A) Evidence (Audio and Audio Visual Links) Act 1998 – direction given for accused to appear at trial by audio-visual during period of self-isolation Legislation Cited: COVID-19 Legislation Amendment (Emergency Measures-Attorney General) Act 2020 Criminal Procedure Act 1986 Evidence (Audio and Audio Visual Links) Act 1998 Jury Act 1977 Jury Regulation 2015 Public Health (COVID-19 Self-Isolation) Order (No 4) 2021 Criminal Code (Cth) Cases Cited: R v Chalabian (No 5) (2022) NSWSC 174 Herron v Attorney General (NSW) (1987) 8 NSWLR 601 Chapman v Gentle (1987) 28 A Crim R 29 Mickelberg v R (No 3) (1992) 8 WAR 236 R v Scott [2021] NSWSC 1004 R v Warwick (No 26) [2018] NSWSC 1079 Texts Cited: --- Category: Procedural rulings Parties: Regina (Crown) Sevag Chalabian (Accused) Representation: Counsel: Ms T McDonald SC; Ms G Wright SC (Crown) Mr GA Brady SC; Mr A Williams (Accused)