Regina v Wilkie, Burroughs & Mainprize

(2005) 64 NSWLR 125; [2005] NSWCCA 311

NSW Court of Criminal Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Constitutional Law (Cth)
2. › Trial by jury
3. › Section 80 of the Constitution
4. › Requirement that trial be held 'in the State where the offence was committed'
5. › Whether witness giving evidence by video link from overseas violates s 80
6. › Constitution, s 80
1. Evidence
2. › Audio and audio visual links
3. › Evidence given by video link from overseas witness
4. › Whether constitutionally permissible in trial on indictment for Commonwealth offence
5. › Evidence (Audio and Audio Visual Links) Act 1998 (NSW), s 5B
1. Constitutional Law (Cth)
2. › Constitutional interpretation
3. › Principle that Constitution must be interpreted to adapt to changing circumstances
4. › Application to technological developments in evidence-taking
5. › Constitution, s 80

Quick Take

Evidence may be taken by audio visual link from a witness physically located overseas in a trial on indictment for a Commonwealth offence without contravening s 80 of the Constitution. The requirement that the trial be 'held in the State' is directed primarily to the identity of the jurors and does not require every element of the trial to be physically located in the State. The audio visual replication of evidence by equipment in the courtroom is sufficient.