R v Warwick (No.51) [2018] NSWSC 1555

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.51) [2018] NSWSC 1555 Hearing dates: 04 October 2018 Date of orders: 04 October 2018 Decision date: 04 October 2018 Jurisdiction: Common Law - Criminal Before: Garling J Decision: (1) Pursuant to s 5B(1) of the Evidence (Audio and Audio Visual Links) Act 1998, I order that Robert Barnes is to give evidence by audio-visual link from a place in Victoria. (2) Order that the giving of evidence of Mr Barnes is not to commence before 15 October 2018. (3) Subject to any further order, the giving of evidence by Mr Barnes is not to continue past 29 October 2018. Catchwords: CRIMINAL PROCEDURE – whether evidence of Crown witness should be taken by use of audio-visual facilities – evidence of psychiatric conditions suffered by witness – fitness of the expert witness to give evidence likely to be detrimentally affected if he was required to attend court in person – consideration of practical and technological limitations – ability of court to assess credibility – order made under Evidence (Audio and Audio Visual Links) Act 1998, s 5B(1) Legislation Cited: Evidence (Audio and Audio Visual Links) Act 1998 Cases Cited: R v Warwick (No.27) [2018] NSWSC 753 Texts Cited: Not Applicable 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)

Solicitors: Director of Public Prosecutions (Crown) A R Conolly & Co (Accused) File Number(s): 2015/222068 Publication restriction: Not applicable