R v Diallo & Ors (No 8) [2024] NSWSC 979

R v Diallo & Ors (No 8) [2024] NSWSC 979

The criteria under s 53 of the Evidence Act 1995 (NSW) were satisfied: the inspection would assist the jury, all parties or their representatives could be present, there was no sufficient reason to believe prejudice or confusion would result, and logistical alterations to the scene would be explained. There was no basis to order a video recording of the inspection as it was unnecessary and would delay proceedings. Practical orders were made regarding media attendance to safeguard the integrity of the inspection and privacy of the jury and participants.

Parties
Prosecution: Rex; Defendant: Ibrahima Diallo; Defendant: AG; Defendant: AD; Defendant: Panashe Morgan Ryan Karise
Jurisdiction
Australia
Judgment Date
08 August 2024
Procedural Posture
Criminal / Pre Trial Procedural Ruling
Outcome
Orders made
Legal Topics
Inspection of Scene, Media Access, Pre Trial Hearing, Procedural Orders
Criminal Law Inspection of Scene Media Access Pre Trial Hearing Procedural Orders

Case Brief

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Parties

Rex

Prosecution

Ibrahima Diallo

Defendant

AG

Defendant

AD

Defendant

Panashe Morgan Ryan Karise

Defendant

Procedural Posture

Criminal / Pre Trial Procedural Ruling

Legal Issues

  1. 1 Whether to make an order for an inspection (view) of the crime scene for the jury under s 53(1) of the Evidence Act 1995 (NSW)
  2. 2 Whether the inspection should be video recorded
  3. 3 Orders relating to media attendance at inspection

Ratio Decidendi

The criteria under s 53 of the Evidence Act 1995 (NSW) were satisfied: the inspection would assist the jury, all parties or their representatives could be present, there was no sufficient reason to believe prejudice or confusion would result, and logistical alterations to the scene would be explained. There was no basis to order a video recording of the inspection as it was unnecessary and would delay proceedings. Practical orders were made regarding media attendance to safeguard the integrity of the inspection and privacy of the jury and participants.

Court Disposition

Orders made

Orders

  • Order for inspection (view) of the scene pursuant to s 53(1) of the Evidence Act 1995 (NSW)
  • Declined to order the inspection to be video recorded