R v AS [2023] NSWSC 885

Supreme Court New South Wales

Medium Neutral Citation: R v AS [2023] NSWSC 885 Hearing dates: 26 July 2023 Date of orders: 26 July 2023 Decision date: 31 July 2023 Jurisdiction: Common Law Before: Wilson J Decision: WN is to give evidence to the Court by audio visual link from a place within New South Wales, other than the courtroom at which the Court will sit pursuant to s 5B(1) of the Evidence (Audio and Audio-Visual Links) Act 1998 (NSW) Catchwords: CRIMINAL LAW & PROCEDURE – evidence –evidence by audio video link – application opposed – traumatised witness – evidence of likelihood of psychological harm attaching to giving evidence in court – emotional distress – Afghani community and view taken of divorce – interest of administration of justice – broad term which includes the interest of witnesses - immediate supervision in remote witness room of witness – no obvious unfairness to the accused Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) Criminal Procedure Act 1986 (NSW) Evidence (Audio and Audio-Visual Links) Act 1998 (NSW) Cases Cited: DJX; SCY and GCZ (1990) 91 Cr App R 36 KN v R (2017) 95 NSWLR 767; [2017] NSWCCA 249 R v Sigalla [2016] NSWSC 1178 Rooney v AGL Energy Limited (No 2) [2020] FCA 942 Category: Procedural rulings Parties: Rex (Crown) AS (Accused) Representation: Counsel: S Traynor (Crown) N Steel (Accused)

Solicitors: Solicitor for Public Prosecutions (NSW) (Crown) Velasquez Legal (Accused) File Number(s): 2020/243134 Publication restriction: Restricted to the parties pending verdict or further order; thereafter to be published in anonymised form in compliance with s 15A(1)(c) of the Children (Criminal Proceedings) Act 1987 (NSW)