R v Hawi & ors (No 7) [2011] NSWSC 1653

R v Hawi & ors (No 7) [2011] NSWSC 1653

The application for a jury view was appropriate and granted because the inspection would assist the jury in understanding witness evidence, locations, and layouts, and planned measures would mitigate risks from material alterations to the scene.

Parties
Prosecution: Regina; Accused: Mahmoud Hawi; Accused: Christian Adam Menzies; Accused: Farres Abounader; Accused: Canan (aka Ishmail) Eken; Accused: Usama Potrus; Accused: Zoran Kisacanin; Accused: David Padovan
Jurisdiction
Australia
Judgment Date
19 May 2011
Procedural Posture
Criminal / Application for View
Outcome
application granted
Legal Topics
View of Crime Scene by Jury, Procedural Ruling
Criminal Law Evidence View of Crime Scene by Jury Procedural Ruling

Case Brief

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Parties

Regina

Prosecution

Mahmoud Hawi

Accused

Christian Adam Menzies

Accused

Farres Abounader

Accused

Canan (aka Ishmail) Eken

Accused

Usama Potrus

Accused

Zoran Kisacanin

Accused

David Padovan

Accused

Procedural Posture

Criminal / Application for View

Legal Issues

  1. 1 Whether a jury view of the crime scene should be granted given renovations and changes since the alleged events

Ratio Decidendi

The application for a jury view was appropriate and granted because the inspection would assist the jury in understanding witness evidence, locations, and layouts, and planned measures would mitigate risks from material alterations to the scene.

Court Disposition

application granted

Orders

  • An inspection (view) be held at Terminal 3 at Sydney Airport pursuant to section 53 Evidence Act 1995.