R v Knight (No 1) [2023] NSWSC 195

Supreme Court New South Wales

Medium Neutral Citation: R v Knight (No 1) [2023] NSWSC 195 Hearing dates: 08 March 2023 Date of orders: 08 March 2023 Decision date: 08 March 2023 Jurisdiction: Common Law Before: Yehia J Decision: (1) Pursuant to s 20F of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW), the direction that Kenneth Knight appear in-person at the Supreme Court of New South Wales at Bourke for Sentence on 30 March 2023 and 31 March 2023 is revoked (2) A warrant is issued for Kenneth Knight's appearance at the Supreme Court of New South Wales at Bourke for Sentence on 30 March 2023 and 31 March 2023 by way of audio-visual link in accordance with s 5BB(1) of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) Catchwords: CRIME — Application for the applicant to appear by audio-visual link for his sentencing proceedings — Where both the deceased and applicant come from the Bourke Indigenous community— Where application is opposed by the Crown — Where Crown relies upon the importance of Indigenous "cultural values and principles" requiring the applicant to be on country when sentenced — Where there is a legislative presumption for an "accused detainee" to appear before the Court by audio-visual link — Whether it is in the "interests of the administration of justice" for the applicant to appear physically before the Court — Recognition of the willingness of the criminal justice system to acknowledge and take into account cultural aspects in sentencing — Where the physical appearance of the applicant entails a lengthy and uncomfortable transfer — Application granted Legislation Cited: Crimes (Sentencing Procedure) Act 1999 (NSW) s 3A Evidence (Audio and Audio Visual Links) Act 1998 (NSW) ss 3, 5BB, 20F Category: Procedural rulings Parties: Kenneth James Knight (Applicant) Rex (Respondent) Representation: Counsel: I Nash (Applicant) J Stanhope (Respondent)