R v Smith (AVL) [2026] NSWSC 978

R v Smith (AVL) [2026] NSWSC 978 concerned a contested application for a murder accused to attend an agreed s 31 mental health inquiry by audio visual link from the South Coast Correctional Centre. Hamill J considered whether the inquiry was a “physical appearance proceeding” under the Evidence (Audio and Audio Visual Links) Act 1998 (NSW), but left that question unresolved and applied the stricter s 5BA test. The deceased’s family wished to deliver Victim Impact Statements in Smith’s physical presence. However, psychiatric evidence of treatment disruption, assault, anxiety and psychotic relapse risks from transport to Dubbo outweighed that benefit. The Court ordered Smith to appear by AVL.