R v Brian Lee [2019] NSWSC 538

Supreme Court New South Wales

Medium Neutral Citation: R v Brian Lee [2019] NSWSC 538 Hearing dates: 09 May 2019 Date of orders: 09 May 2019 Decision date: 09 May 2019 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 his trial which is due to commence on 20 May 2019. (2) Direct that, until further order, the Accused be present at his trial by audio-visual link from the place at which he is held in custody, the Hampton Unit, Metropolitan Remand and Reception Centre, Silverwater Correctional Complex. (3) Order that his trial commence on 20 May 2019, at 10am in Court 11C Law Courts Building, Queens Square, Sydney. (4) Liberty to apply on short notice. Catchwords: CRIMINAL PROCEDURE – pre-trial directions hearing – estimate of timing – mental illness defence – application by the defendant to appear via AVL Legislation Cited: Evidence (Audio and Audio-Visual Links) Act 1998 Cases Cited: R v Warwick (No.26) [2018] NSWSC 1029 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: Director of Public Prosecutions (Crown) Brian Lee (Respondent) Representation: Counsel: A Robertson (Crown) N Steel (D)

Solicitors: Director Public Prosecutions Sydney Criminal Defence Lawyers File Number(s): 2018/13154 Publication restriction: Not applicable