R v Tangi [2020] NSWSC 536

R v Tangi [2020] NSWSC 536

Although video recordings of the relevant areas were helpful and would probably suffice for some matters, they did not cover other areas to be seen and understandings to be gleaned. To ensure the trial was truly fair, a view of the relevant parts of the correctional complex was ordered.

Jurisdiction
Australia
Judgment Date
20 November 2019
Procedural Posture
Criminal Proceeding / Accused's Application for a View of the John Morony Correctional Complex During Trial
Outcome
Application for view granted.
Legal Topics
['application for View' 'murder in Prison' 'jury Inspection' 'video Evidence' 'fair Trial']
['criminal Law' 'criminal Procedure'] ['application for View' 'murder in Prison' 'jury Inspection' 'video Evidence' 'fair Trial']

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Procedural Posture

Criminal Proceeding / Accused's Application for a View of the John Morony Correctional Complex During Trial

Legal Issues

  1. 1 ['Whether the jury should be taken on a view of relevant parts of the John Morony Correctional Complex despite the availability of video recordings.' 'Whether a view was necessary to allow the defence case to be put fairly and appropriately to the jury.']

Ratio Decidendi

Although video recordings of the relevant areas were helpful and would probably suffice for some matters, they did not cover other areas to be seen and understandings to be gleaned. To ensure the trial was truly fair, a view of the relevant parts of the correctional complex was ordered.

Court Disposition

Application for view granted.

Orders

  • ['A view of the relevant parts of the John Morony Correctional Complex is to take place.']