R v Martin [2024] NSWSC 968

Supreme Court New South Wales

Medium Neutral Citation: R v Martin [2024] NSWSC 968 Hearing dates: On the papers Date of orders: 15 July 2024 Decision date: 15 July 2024 Jurisdiction: Common Law Before: Chen J Decision: Order, pursuant to s 53 of the Evidence Act 1995 (NSW), that, during the course of the trial, at a time and on the date agreed by the parties, an inspection be conducted of the unit complex known as 106 Karalta Road, Erina, New South Wales. Catchwords: CRIMINAL PROCEDURE – Trial – Crown application for view of alleged crime scene – Where Crown application supported by the accused – Whether the view will assist the jury in resolving issues of fact and in understanding the evidence – Application for view granted Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Ha v R (2014) 44 VR 319; [2014] VSCA 335 R v Rogerson; R v McNamara (No 10) [2015] NSWSC 1067 Category: Procedural rulings Parties: Rex (Crown) Nicholas Luke Martin (Accused) Representation: Counsel: L Shaw (Crown) A Evers (Accused)

Solicitors: Solicitor for Public Prosecutions (NSW) (Crown) Sydney Criminal Defence & Traffic Lawyers (Accused) File Number(s): 2022/00103442 Publication restriction: Nil

JUDGMENT

Introduction 1. HIS HONOUR: Nicholas Martin ('the accused') is on trial for the murder of Shahn Baker ('the deceased'), it being alleged that on 3 February 2022 he stabbed the deceased, intending to kill him or cause him grievous bodily harm. 2. The accused does not dispute that he stabbed the deceased with a knife and that the stab wound to the chest perforated the deceased's heart causing his death, but argues that he acted in self-defence in acting as he did. 3. The stabbing occurred in a unit complex in Erina, New South Wales – specifically in the communal driveway of that complex. 4. The Crown, pursuant to s 53 of the Evidence Act 1995 (NSW), applies for a view of the alleged crime scene. The accused supports the application. In the event a view is ordered, the accused has elected not to attend.