R v Sloan (No. 1) [2022] NSWDC 492

District Court New South Wales

Medium Neutral Citation: R v Sloan (No. 1) [2022] NSWDC 492 Hearing dates: 05 – 18 October 2022 Date of orders: 19 October 2022 Decision date: 19 October 2022 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: (1) Order that the evidence of the complainant Tyron Smith and the evidence of Daisy McDonagh may be adduced by audio visual link from a place within New South Wales remote from the court complex in which the trial is to be conducted (2) The application to sever Counts Four, Five and Six from the current indictment is refused Catchwords: CRIME — Public justice offences — Threatening or intimidating victims or witnesses CRIME — Violent offences — Detain for advantage CRIME — Violent offences — Offensive weapon with intent to commit indictable offence CRIMINAL PROCEDURE — Trial — Voir dire Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 Criminal Appeal Act 1912 Criminal Procedure Act 1986 Evidence Act 1985 Evidence (Audio and Audio Visual Links) Evidence Act 1998 Firearms Act 1996 Cases Cited: House v The King (1936) 55 CLR 499 McKinney v R (1991) 171 CLR 468 R v Lowe (1997) 98 A Crim R 300 R v Ngo [2003] NSWCCA 82 R v Ngo; Dinh; Dao [2001] NSWSC 339 R v Quami & Ors (AVL) [2015] NSWSC 1711 Category: Procedural rulings Parties: Rex (Crown) Robert Sloan (Accused) Representation: Sean Hughes (Crown Prosecutor) Eugene Wasilenia (Counsel for the Accused)