[2016] NSWSC 80

R v Rogerson; R v McNamara (No 22)

See [3]

Catchwords

CRIMINAL LAW – Evidence – Where Crown sought extension of orders to include additional location on a view – No opposition by parties – Orders granted – No point of principle

Cases cited

R v Rogerson, R v McNamara (No 10)[2015] NSWSC 1067

Legislation cited

Evidence Act 1995 (NSW)

Judgment

[1]
On 6 August 2015 I delivered judgment in relation to an application that a view be undertaken of certain areas relevant to the trial, pursuant to the provisions of s. 53 of the Evidence Act 1995 (NSW) (“the Act”): see R v Rogerson, R v McNamara (No 10) [2015] NSWSC 1067.
[2]
It is proposed that the view be undertaken on Thursday of this week. This morning the Crown filed a notice of motion seeking that the order that I previously made be extended to include an additional location, namely, the area at the corner of Arab Road and Stuart Street at Padstow for the purposes of Detective Sergeant Phillips pointing out, amongst other things, the location nominated by the witness Hubert Sha on exhibit M. No issue has been taken on behalf of either accused in relation to the order sought by the Crown. In light of the evidence which has been given it seems to me entirely appropriate that a view be undertaken of that area, in addition to those which are the subject of my earlier judgment.
[3]
Accordingly for those reasons, I order that the view to be undertaken on Thursday 18 February 2016 include, in addition to those areas nominated in my previous judgment, the area nominated as the corner of Arab Road and Stuart Street, Padstow.