R v Chute (No 9)

Case [2019] ACTSC 69


SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v Chute (No 9)

Citation:

[2019] ACTSC 69

Hearing Dates:

18 and 19 March 2019

DecisionDate:

19 March 2019

Before:

Mossop J

Decision:

See [18]

Catchwords:

CRIMINAL LAW –– JURISDICTION, PRACTICE AND PROCEDURE – Special hearing – participation of accused – application for arraignment via audiovisual link from a remote location – response to charges from accused not required – no objection by Crown – application allowed

CRIMINAL LAW –– EVIDENCE – Application for the accused to be excused from attending special hearing – current bail undertaking to appear – accused located in New South Wales – accused is of poor health – accused not fit to plead – excusal of the accused would cause no forensic disadvantage – application allowed

Legislation Cited:

Bail Act 1992 (ACT), s 30

Crimes Act 1900 (ACT), ss 316(1), 316(8)

Evidence (Miscellaneous Provisions) Act 1991 (ACT), ss 32, 32(2), 32(2)(a), 32(2)(b), 32(3)

Cases Cited:

R v Chute (No 4) [2018] ACTSC 259

R v Chute (No 7) [2019] ACTSC 67

R v Zvonaric [2001] NSWCCA 505; 54 NSWLR 1

Parties:

The Queen (Crown)

John Chute (Accused)

Representation:

Counsel

K Lee (Crown)

G Walsh (Accused)

Solicitors

ACT Director of Public Prosecutions (Crown)

Greg Walsh & Co (Accused)

File Number:

SCC 178 of 2016

MOSSOP J:

  1. The accused has made an application to be excused from attending court during the course of the special hearing notwithstanding that he has given a bail undertaking to appear. The Crown has sought an order under s 32 of the Evidence (Miscellaneous Provisions) Act 1991 (ACT) that would permit the accused to appear by audiovisual link for the purposes of the conduct of an arraignment. I will deal with the application under s 32 first.

Audiovisual link

  1. Section 32 permits a court to direct that a person may appear before it by audiovisual link from a place outside the Australian Capital Territory (ACT) but within Australia.

  1. Under s 32(2) the court may only make that direction if satisfied that “the necessary facilities are available or can reasonably be made available”: s 32(2)(a) and “it is in the interests of the administration of justice to make the direction”: s 32(2)(b).

  1. In relation to the availability of necessary facilities, the affidavit of Vienna Conliffe dated 18 March 2019 discloses:

(a)    that the manager of the residence at which the accused lived had communicated to the Crown that he was content for a member of the Australian Federal Police (AFP) to attend the residence to facilitate an audiovisual link between the court and the accused;

(b)    that the Crown had secured an AFP officer with adequate audiovisual equipment to attend the residence on the required date and at the required time to facilitate an audiovisual link between the court and the accused; and

(c)    that the Crown had tested the audiovisual link as between the court and the AFP officer and that that test had been successful.

  1. In my view, these…

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AGLC
R v Chute (No 9) [2019] ACTSC 69
Case
[2019] ACTSC 69
Decision Date

CaseChat Overview and Summary

The case of R v Chute (No 9) involved the accused, Chute, who faced criminal charges and was required to attend a special hearing in the court. Chute applied to participate in the hearing via an audiovisual link from a remote location, specifically from New South Wales, due to his poor health and unfitness to plead. The Crown did not object to this application. Additionally, Chute applied to be excused from attending the special hearing altogether, citing his current bail undertaking to appear, his location in New South Wales, and his poor health, which rendered him unfit to plead. The Crown again did not object to this application.

The primary legal issues the court had to address were whether Chute could participate in the special hearing via an audiovisual link from a remote location and whether he could be excused from attending the special hearing in person. The court considered the current bail conditions, the accused's health, and the potential impact of his absence on the proceedings. The court also considered whether the excusal of the accused would cause any forensic disadvantage to the Crown.

The court allowed Chute's application to participate in the hearing via an audiovisual link, noting that there was no requirement for the accused to respond to the charges and no objection from the Crown. Furthermore, the court allowed Chute's application to be excused from attending the special hearing in person, finding that his excusal would not cause any forensic disadvantage and that his current bail conditions were sufficient to ensure his appearance at trial if necessary. The court took into account Chute's poor health and unfitness to plead, as well as the fact that he was located in New South Wales.

The court's orders were that Chute could participate in the special hearing via an audiovisual link from a remote location and that he could be excused from attending the special hearing in person. The orders reflect the court's consideration of the accused's health, the potential impact of his absence on the proceedings, and the current bail conditions in place.

Orders

Orders of the court

See [18]

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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