Roberts v The Queen

In *Roberts v The Queen*, the appellant sought to prevent the respondent's counsel from appearing via audio-visual link (AVL) at the hearing of an appeal. The core of the dispute concerned the application of section 59IE of the *Criminal Law (Sentencing) Act 1988* (SA) and whether permitting counsel to appear via AVL would result in unfairness to the appellant. The matter came before the Full Court of the Supreme Court of South Australia.

The primary legal issue before the Court was whether the appellant would suffer unfairness, as contemplated by section 59IE of the *Criminal Law (Sentencing) Act 1988* (SA), if the respondent's counsel were permitted to appear by AVL. This required the Court to consider the scope and application of the statutory provision concerning fairness in appeal proceedings.

The Court, in granting the application, reasoned that there was no suggestion that the appellant would suffer any unfairness within the meaning of section 59IE of the Act if the respondent's counsel appeared via AVL. Accordingly, the Court granted permission for counsel for the respondent to appear via AVL on the scheduled hearing date.