NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Officer A (No 6) [2022] NSWSC 1413 Hearing dates: 17 October 2022 Date of orders: 17 October 2022 Decision date: 17 October 2022 Jurisdiction: Common Law Before: Beech-Jones CJ at CL Decision: Application for a view refused Catchwords: CRIMINAL LAW – Crown application for a view – accused charged with murder of escaping inmate – inmate shot while attempting to escape after being discharged from hospital – benefit of observing scene to assessment of circumstances facing accused – trial in Sydney – events took place in Lismore – difficulties organising view – very late application – granting application carried appreciable risk of vacating trial date – accused opposed application – unfairness to accused – application rejected Legislation Cited: Crimes Act 1900 (NSW) Crimes (Administration of Sentences) Regulations 2014 (NSW) Criminal Procedure Act 1986 (NSW) Evidence Act 1995 (NSW) Cases Cited: R v Officer A (No 1) [2022] NSWSC 1362 R v Officer A (No 2) [2022] NSWSC 1381 Category: Procedural rulings Parties: Rex (Crown) Officer A (Accused) Representation: Counsel: Mr K McKay SC; Ms S Lind; Ms V Chan (Crown) Mr P Strickland SC; Ms S Palaniappan; Mr I McLaughlan; Mr S Russell (Accused)
Solicitors: Solicitor for Public Prosecutions (Crown) McNally Jones Staff (Accused) File Number(s): 2021/35115
EX TEMPORE JUDGMENT
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