[2022] NSWSC 530

R v Coss (No 1)

Orders sought made.

Catchwords

CRIMINAL PROCEDURE – murder – view – Crown application for view of various locations – town of Bingara – not opposed – orders made – reasons

[1]
HIS HONOUR: On 25 March this year, I made orders that there be a view in this matter. The orders were in the following terms:
[2]
The orders were made on the basis of an application made by the Crown which was not opposed by the accused.
[3]
The relevant legislation is s 53 of the Evidence Act 1995 (NSW) which provides:
[4]
It was submitted, and I accept, that a view of the locations in the town of Bingara will assist the Court in understanding the evidence with respect to the events which are said to have taken place in the lead-up to, and on the night of, the occasion on which it is alleged the deceased was killed. The location is such that it is not going to take an excessive time in order to attend the scene and conduct the view. Detective Senior Constable Brendan Tremain will be the shower for the duration of the view.
[5]
In all the circumstances, I was of the view that it was appropriate that the orders sought should be made.