R v Jenkin (No 13) [2018] NSWSC 791

R v Jenkin (No 13) [2018] NSWSC 791

An inspection is ordered because it will assist the judge (as tribunal of fact) in comprehending the evidence and resolving issues of fact, both parties agreed, the accused voluntarily waived his right to be present, and statutory criteria for a view are met.

Parties
Crown: Regina; Accused: Mark Kenneth Jenkin
Jurisdiction
Australia
Judgment Date
22 May 2018
Procedural Posture
Criminal Trial / Procedural Application During Trial
Outcome
Order made for inspection of the scene.
Legal Topics
Inspection of Scene, View, Procedure Under Evidence Act 1995 (nsw) S 53
Criminal Law Evidence Inspection of Scene View Procedure Under Evidence Act 1995 (nsw) S 53

Case Brief

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Parties

Regina

Crown

Mark Kenneth Jenkin

Accused

Procedural Posture

Criminal Trial / Procedural Application During Trial

Legal Issues

  1. 1 Whether to order an inspection of the scene under s 53 of the Evidence Act 1995 (NSW) during a murder trial

Ratio Decidendi

An inspection is ordered because it will assist the judge (as tribunal of fact) in comprehending the evidence and resolving issues of fact, both parties agreed, the accused voluntarily waived his right to be present, and statutory criteria for a view are met.

Court Disposition

Order made for inspection of the scene.

Orders

  • Inspection to be held in the area of Crana Place, Mangerton at various locations to be agreed between the parties.