R v Maybir (No 3) [2015] NSWSC 1738

R v Maybir (No 3) [2015] NSWSC 1738

The view was granted because inspection of the studio premises would assist the jury in understanding the evidence and resolving factual issues, the accused knowingly wished to waive his entitlement to be present, there was no submitted or apparent danger of unfair prejudice, misleading or confusing effect or undue waste of time, and the alterations to the premises could be sufficiently explained to the jury with the aid of visual depictions already in evidence.

Jurisdiction
Australia
Judgment Date
22 October 2015
Procedural Posture
Criminal Proceeding; Evidence Application for a View / Procedural Ruling During Trial
Outcome
Application for view granted
Legal Topics
['application for a View' 'jury Inspection of Premises' "accused's Entitlement to Be Present at a View" 'alterations to Premises']
['criminal Law' 'evidence'] ['application for a View' 'jury Inspection of Premises' "accused's Entitlement to Be Present at a View" 'alterations to Premises']

Case Brief

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Procedural Posture

Criminal Proceeding; Evidence Application for a View / Procedural Ruling During Trial

Legal Issues

  1. 1 ['Whether the jury should be taken to inspect the studio premises under s 53 of the Evidence Act 1995 (NSW).' "Whether the accused's wish not to be present at the view prevented the view being ordered." 'Whether alterations to the premises made the proposed view unhelpful, misleading, confusing, unfairly prejudicial or an undue waste of time.']

Ratio Decidendi

The view was granted because inspection of the studio premises would assist the jury in understanding the evidence and resolving factual issues, the accused knowingly wished to waive his entitlement to be present, there was no submitted or apparent danger of unfair prejudice, misleading or confusing effect or undue waste of time, and the alterations to the premises could be sufficiently explained to the jury with the aid of visual depictions already in evidence.

Court Disposition

Application for view granted

Orders

  • ["The Crown's proposal that there be a view was acceded to."]