R v Jacobs (No 4) [2013] NSWSC 945

R v Jacobs (No 4) [2013] NSWSC 945

The view was granted because, despite cost, logistical difficulty and the need for directions to guard against misuse, an inspection of the Tamworth sites would substantially assist the jury in understanding the evidence and resolving factual issues in an exceptionally serious criminal trial, would not cause undue prejudice, confusion or waste of time, and arrangements could be made for the parties, jury and accused to attend.

Jurisdiction
Australia
Judgment Date
17 June 2013
Procedural Posture
Criminal Proceeding / Procedural Ruling on Crown Application for a View During Trial
Outcome
Application granted.
Legal Topics
['application for View' 'jury View' 'fair Trial' 'presence of Accused' 'prejudice' 'trial Procedure']
['criminal Law' 'evidence'] ['application for View' 'jury View' 'fair Trial' 'presence of Accused' 'prejudice' 'trial Procedure']

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Procedural Posture

Criminal Proceeding / Procedural Ruling on Crown Application for a View During Trial

Legal Issues

  1. 1 ["Whether the Court should grant the Crown's application under s 53 of the Evidence Act 1995 for the jury and court to inspect sites in Tamworth." 'Whether the cost, logistics and time involved in travelling from Sydney to Tamworth made the proposed view inappropriate.' 'Whether the accused could be present at the view and whether the defence could inspect or identify relevant sites.' 'Whether there was a danger that the jury might misuse the view or give it undue weight.']

Ratio Decidendi

The view was granted because, despite cost, logistical difficulty and the need for directions to guard against misuse, an inspection of the Tamworth sites would substantially assist the jury in understanding the evidence and resolving factual issues in an exceptionally serious criminal trial, would not cause undue prejudice, confusion or waste of time, and arrangements could be made for the parties, jury and accused to attend.

Court Disposition

Application granted.

Orders

  • ['The application for a view in the form of an inspection of various sites in Tamworth is granted.']