R v Hutchison, Wilkinson & Greentree (No 2) [2018] NSWSC 1757

R v Hutchison, Wilkinson & Greentree (No 2) [2018] NSWSC 1757

The Court was satisfied that an inspection of the agreed sites would assist in resolving factual issues and in understanding the evidence, and that any changes to the sites were not so significant as to make the inspection misleading or confusing. It was therefore appropriate to order an inspection under s 53 of the Evidence Act 1995 (NSW).

Jurisdiction
Australia
Judgment Date
16 November 2018
Procedural Posture
Criminal Procedural Ruling / Application Under S 53 of the Evidence Act 1995 (nsw) for an Inspection of Scene
Outcome
Inspection ordered.
Legal Topics
['inspection of Scene' 'view' 'accessory After the Fact' 'factual Dispute' 'evidence Act 1995 (nsw) Ss 53 and 54']
['criminal Law' 'evidence'] ['inspection of Scene' 'view' 'accessory After the Fact' 'factual Dispute' 'evidence Act 1995 (nsw) Ss 53 and 54']

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Procedural Posture

Criminal Procedural Ruling / Application Under S 53 of the Evidence Act 1995 (nsw) for an Inspection of Scene

Legal Issues

  1. 1 ['Whether an inspection of areas around the Wisemans Ferry vicinity should be ordered under s 53 of the Evidence Act 1995 (NSW).' 'Whether the inspection would assist the tribunal of fact in resolving factual issues and understanding the evidence.' 'Whether changes to the relevant sites were significant enough to make an inspection misleading or confusing.']

Ratio Decidendi

The Court was satisfied that an inspection of the agreed sites would assist in resolving factual issues and in understanding the evidence, and that any changes to the sites were not so significant as to make the inspection misleading or confusing. It was therefore appropriate to order an inspection under s 53 of the Evidence Act 1995 (NSW).

Court Disposition

Inspection ordered.

Orders

  • ['An inspection be held under s 53 of the Evidence Act 1995 (NSW).' "The inspection was to include the carpark between Wisemans Ferry pub and Wisemans Ferry grocery store, the grocery store, Wisemans Ferry Bowling Club, ferry transport at Wisemans Ferry, four signs in Dharug National Park, Oyster Shell Road, the...