R v Martin (No 3) [2017] NSWSC 1251

R v Martin (No 3) [2017] NSWSC 1251

A view of the agreed locations was ordered because it would assist the jury to understand the reliability and significance of eyewitness evidence, the positions and perspectives of witnesses, and the location and perspective of CCTV footage, and any alterations to the scene were not material or misleading. The Crown's request that the jury ascend and descend the staircase was refused because at least one juror had difficulty with stairs, not all jurors might take part if merely invited, and the view from above was not shown to provide a better basis for drawing rational inferences and might be misleading, especially for a juror with vertigo or fear of heights or falling.

Jurisdiction
Australia
Judgment Date
05 September 2017
Procedural Posture
Criminal Trial Procedural and Evidence Ruling / Prior to the Jury Being Empanelled, Application for a Jury View/inspection of Locations Connected With the Alleged Offences
Outcome
Inspection ordered; Crown's application for the jury to ascend and descend the staircase declined.
Legal Topics
['jury View' 'inspection of Premises' 'evidence Act 1995 (nsw) S 53' 'unfair Prejudice or Misleading Inspection' 'crime Scene Inspection']
['criminal Law' 'evidence'] ['jury View' 'inspection of Premises' 'evidence Act 1995 (nsw) S 53' 'unfair Prejudice or Misleading Inspection' 'crime Scene Inspection']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Trial Procedural and Evidence Ruling / Prior to the Jury Being Empanelled, Application for a Jury View/inspection of Locations Connected With the Alleged Offences

Legal Issues

  1. 1 ['Whether an inspection of agreed locations at and near 18-20 Quarry Road, South Murwillumbah should be conducted under s 53 of the Evidence Act 1995 (NSW).' 'Whether the jury should be invited or directed to ascend and descend an external staircase at the premises during the inspection.']

Ratio Decidendi

A view of the agreed locations was ordered because it would assist the jury to understand the reliability and significance of eyewitness evidence, the positions and perspectives of witnesses, and the location and perspective of CCTV footage, and any alterations to the scene were not material or misleading. The Crown's request that the jury ascend and descend the staircase was refused because at least one juror had difficulty with stairs, not all jurors might take part if merely invited, and the view from above was not shown to provide a better basis for drawing rational inferences and might be misleading, especially for a juror with vertigo or fear of heights or falling.

Court Disposition

Inspection ordered; Crown's application for the jury to ascend and descend the staircase declined.

Orders

  • ['Order that an inspection of the scene of the crime be conducted.' 'Order that the jury not be invited to ascend and descend the stairs of the premises.']