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Supreme Court 15 July 2024

R v Martin

[2024] NSWSC 968

Homicide
CRIMINAL PROCEDURE TRIAL APPLICATION FOR VIEW GRANTED

Citation: R v Martin [2024] NSWSC 968
Court: Supreme Court of New South Wales
Date: 15 July 2024
Judge(s): Chen J

Background

The accused stands trial for the alleged murder of a man on 3 February 2022 at a unit complex in Erina, New South Wales. The accused does not dispute that he stabbed the deceased with a knife, causing a chest wound that perforated the heart and proved fatal. The sole issue at trial is whether the accused acted in self-defence.

The stabbing took place in the communal driveway of the unit complex. Several residents of the complex are expected to give evidence about what they saw and heard that night, and the precise location of events within the complex is relevant to contested facts.

The Crown applied under s 53 of the Evidence Act 1995 (NSW) for the jury to conduct an inspection of the crime scene. The accused supported the application, though he elected not to attend the view personally.

  • Whether the statutory preconditions for ordering a view under s 53(2) of the Evidence Act 1995 (NSW) were satisfied
  • Whether the factors set out in s 53(3) of the Evidence Act, including the capacity of the view to assist in resolving facts and understanding evidence, supported granting the application
  • Whether there was any risk of unfair prejudice, confusion, or undue waste of time arising from the proposed inspection

Decision

Chen J granted the application, working through each of the mandatory considerations in s 53(3) of the Evidence Act. His Honour was satisfied that both parties would be represented at the view and that the judge and jury would be present, meeting the threshold requirements in s 53(2).

On the question of whether the inspection would assist the jury, the court identified two particular reasons. First, witnesses who reside in the complex are expected to give evidence about what they observed and their positions relative to the events. A view of the scene would assist the jury in assessing that evidence. Second, both the accused and another witness told police they first observed the deceased fall while taking rubbish to bins outside the complex, making the location of those bins directly relevant to facts in issue.

The court found no risk of unfair prejudice, confusion, or undue waste of time, and neither party raised any such concern. There was also no suggestion the complex or driveway had materially altered since the stabbing, addressing the s 53(3)(e) consideration. The considerations in s 53(3)(d) relating to demonstrations were not applicable, as this was an inspection.

His Honour noted that the application carried additional weight because it was made by the Crown and supported by the accused. The court indicated it would follow the procedural steps for conducting views set out in Ha v R [2014] VSCA 335 at [31]-[34], as adopted in R v Rogerson; R v McNamara (No 10) [2015] NSWSC 1067.

Orders Made

  • An inspection of the unit complex at 106 Karalta Road, Erina, New South Wales is ordered pursuant to s 53 of the Evidence Act 1995 (NSW), to be conducted during the trial at a time and date agreed between the parties.

Key Takeaways

  • Under s 53 of the Evidence Act 1995 (NSW), a court may order a view where statutory preconditions are met and the mandatory considerations in s 53(3) are weighed, including whether the inspection will assist in resolving facts or understanding evidence.
  • The Supreme Court found that a view of the alleged crime scene was warranted where multiple witnesses would give evidence about their observations from different positions within a defined space, and where the precise location of objects was directly relevant to contested facts.
  • Joint support from both parties for a view application is a relevant factor, though the court conducts its own assessment of the s 53 criteria regardless.
  • Where there is no suggestion that a location has materially altered since the relevant events, the s 53(3)(e) consideration presents no obstacle to granting an inspection order.
  • The procedures for conducting views set out in Ha v R [2014] VSCA 335, and adopted in New South Wales in R v Rogerson; R v McNamara (No 10) [2015] NSWSC 1067, were confirmed as applicable guidance for the conduct of the inspection.

Legislation and Cases Referenced

Legislation:
- Evidence Act 1995 (NSW), ss 53, 54

Cases:
- Ha v R (2014) 44 VR 319; [2014] VSCA 335
- R v Rogerson; R v McNamara (No 10) [2015] NSWSC 1067