R v Songcuan (No 1)

[2022] NSWSC 186

Supreme Court

New South Wales

• Amendment notes

Medium Neutral Citation:

R v Songcuan (No 1) [2022] NSWSC 186

Hearing dates:

17 February 2022

Date of orders:

17 February 2022

Decision date:

28 February 2022

Jurisdiction:

Common Law - Criminal

Before:

Dhanji J

Decision:

Orders made for the attendance of witnesses to appear by way of audio visual link.

Legislation Cited:

Evidence (Audio and Audio Visual Links) Act 1998 (NSW)

Evidence (Audio and Audio Visual Links) Regulation 2015 (NSW)

Category:

Procedural rulings

Parties:

Regina (Crown)
Engracio Songcuan (Accused)

Representation:

Counsel:
A Robertson (Crown)
B Royce (Accused)

Solicitors:
Solicitor for Public Prosecution (NSW) (Crown)
Chidiac Lawyers (Accused)

File Number(s):

2020/131543

Publication restriction:

Nil

EX tempore Judgment

1. HIS HONOUR: On 17 February 2022, I made orders that a number of witnesses in this trial give evidence by way of audio visual link. Those witnesses were as follows: Catherine Songcuan, Amir Abdallah, Mary Grace Real, Joel Engelbert Real, Anna Zeidan and Richard Zeidan. The application was made by the Crown. It was an application to which the defence did not object.

2. Section 22C of the Evidence (Audio and Audio Visual Links) Act 1998 (NSW) applies to these proceedings. That is, as a result of the combined operation of s 22C(1), (9) and cl 4B of the Evidence (Audio and Audio Visual Links) Regulation 2015 (NSW) (“the Regulation”). The net effect of those provisions is that s 22C is in effect for the prescribed period. The prescribed period pursuant to s 22C(9) is the period beginning on the commencement of the section and ending on either 26 September 2021 or a day not later than 26 March 2022 prescribed by the Regulation. The beginning of 26 March 2022 has been prescribed by the Regulation for the purposes of that subsection and the section therefore is in application up until that date.

3. As a result, s 22C(4) applies, which provides that the appearance in any proceedings (other than particular proceedings not presently relevant) of a witness may take place by way of audio visual link if the court directs. The court is to make a direction only if it is in the interests of justice, having regard to the matters in subs (6)(a) - (d).

4. In the present matter I am of the view that it is in the interests of justice and, in doing so, I have had regard to the public health risk posed by the COVID-19 pandemic and the efficient use of available judicial and administrative resources. There was no other matter raised by any party to the proceedings, nor any other matter that was considered by me to be relevant.

5. On that basis, having found it to be in the interests of justice within s 22C(6), I made the orders for the attendance of the above-mentioned witnesses by way of audio visual link.

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Amendments

13 March 2023 - Publication restricted lifted

13 March 2023 - Publication restriction lifted

Decision last updated: 13 March 2023