R v Warwick (No.26) [2018] NSWSC 1079

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.26) [2018] NSWSC 1079 Hearing dates: 5 July 2018, 6 July 2018 Date of orders: 13 July 2018 Decision date: 13 July 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: (1) Direct that until further order, pursuant to s 5BA(3) of the Evidence (Audio and Audio Visual Links) Act 1998, the Accused is not required to appear in court in person for the remainder of his trial, which is due to recommence on 16 July 2018. (2) Direct that, until further order, the Accused be present at the trial by audio visual link from the place at which he is held in custody, the Metropolitan Remand and Reception Centre, Silverwater Correctional Complex. (3) Liberty to apply on short notice to vacate or vary these orders. Catchwords: CRIMINAL PROCEDURE – trial involving serious indictable offences including four counts of murder – application by accused to appear in court via audio visual link rather than in person for the duration of his trial – power to give such a direction under the Evidence (Audio and Audio Visual Links) Act 1998, s 5BA – consent of the accused and the Crown – where trial is estimated to last for six months – where health issues experienced by the accused have previously been exacerbated by transport from custody to court – consideration of principles relating to an accused's right to be present at trial Legislation Cited: Criminal Procedure Act 1986 Evidence (Audio and Audio Visual Links) Act 1998 Evidence (Audio and Audio Visual Links) Amendment Act 2001 Cases Cited: Boros v O'Keefe [2017] VSC 560 Eastman v R (1997) 76 FCR 9 Jamal v R [2012] NSWCCA 198; (2012) 223 A Crim R 585 Lawrence v R [1933] AC 699 R v Abrahams (1895) 21 VLR 343 R v Bonacci [2015] VSC 121 R v Cornwell (1972) 2 NSWLR 1 R v IB [2017] ACTSC 366 R v Jones [1998] SASC 7021; (1998) 72 SASR 281 R v McHardie & Danielson [1983] 2 NSWLR 733 R v Mokbel (2010) 30 VR 115 R v O'Neill (2002) 81 SASR 359 R v Rigney (1988) 48 SASR 72 R v Serrano (No 5) (2007) 16 VR 360 R v Vernell [1953] VLR 590 R v Warwick (No.2) [2017] NSWSC 1225 R v Warwick (No.5) [2018] NSWSC 70 R v Warwick (No.6) [2018] NSWSC 234 R v Warwick (No.20) [2018] NSWSC 656 R v Warwick (No.21) [2018] NSWSC 654 Williams v R [2012] NSWCCA 286; (2012) 229 A Crim R 67 Texts Cited: Second Reading Speech (New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 25 June 2001 Category: Procedural and other rulings Parties: The Crown Leonard John Warwick (Accused) Representation: Counsel: K McKay / G Christofi (Crown) A R Conolly / E Ramsay (Accused)