R v Early (No 4) [2023] NSWSC 505

Supreme Court New South Wales

Medium Neutral Citation: R v Early (No 4) [2023] NSWSC 505 Hearing dates: 8 May 2023; 9 May 2023 Date of orders: 9 May 2023 Decision date: 09 May 2023 Jurisdiction: Common Law Before: Yehia J Decision: I refuse the application for a direction under s 5B of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) that Barry Sutton give evidence by way of audio-visual link Catchwords: CRIMINAL LAW — Evidence — Murder trial — Evidence by audio-visual link — Application by prosecutor for AVL direction — Where application opposed — Where the witness lives interstate — Where the witness is 74-years-old and has medical issues — Where evidence is relied upon as an admission by the accused — Where medical evidence confirms that the witness is fit to travel interstate — Interests of the administration of justice — Assessment of credibility and reliability — Application for direction refused Legislation Cited: Evidence (Audio and Audio Visual Links) Act 1998 (NSW) ss 5B, 5B(2), 5B(3) Cases Cited: Antov v Bokan (No 2) (2019) 101 NSWLR 142; [2019] NSWCA 250 KN v R (2017) NSWLR 767; [2017] NSWCCA 249 R v Abdaly; R v Hooseinishoja (No 4) [2022] NSWSC 1529 R v Ngo (2003) 47 NSWLR 55; [2003] NSWCCA 82 Rooney v AGL Energy Limited (No 2) [2020] FCA 942 Category: Procedural rulings Parties: Stanley Bruce Early (Accused) Rex (Crown) Representation: Counsel: J Clarke (Accused) K McKay SC (Crown) Solicitors: Schumer Lawyers (Accused) Office of the Director of Public Prosecutions (Crown) File Number(s): 2021/00174129