R v Coss (No 1) [2022] NSWSC 530

R v Coss (No 1) [2022] NSWSC 530

The view was appropriate because the statutory requirements in s 53 were satisfied, the accused did not oppose the application, the view of the Bingara locations would assist the Court in understanding the evidence, and it would not take excessive time to attend and conduct the view.

Jurisdiction
Australia
Judgment Date
28 April 2022
Procedural Posture
Criminal Proceeding Murder / Procedural Ruling on Crown Application for View; on the Papers
Outcome
Orders sought made.
Legal Topics
['murder' 'view' 'inspection of Locations' 'crown Application Under S 53 of the Evidence Act 1995 (nsw)']
['criminal Procedure' 'evidence'] ['murder' 'view' 'inspection of Locations' 'crown Application Under S 53 of the Evidence Act 1995 (nsw)']

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Procedural Posture

Criminal Proceeding Murder / Procedural Ruling on Crown Application for View; on the Papers

Legal Issues

  1. 1 ['Whether an inspection or view of locations in Bingara should be ordered under s 53 of the Evidence Act 1995 (NSW).' 'Whether the proposed view would assist the Court in understanding evidence concerning the events leading up to and on the night the deceased was allegedly killed.']

Ratio Decidendi

The view was appropriate because the statutory requirements in s 53 were satisfied, the accused did not oppose the application, the view of the Bingara locations would assist the Court in understanding the evidence, and it would not take excessive time to attend and conduct the view.

Court Disposition

Orders sought made.

Orders

  • ["Pursuant to s 53(1) of the Evidence Act 1995 (NSW), and on satisfaction that the parties will have a reasonable opportunity to be present and that the judge and jury will be present, an inspection is to be held of the outside of 6 Bassett St, Bingara; the outside of 8 Bassett St, Bingara; the Sportsman's Hotel, 31...