R v Diallo & Ors (No 8) [2024] NSWSC 979

Supreme Court New South Wales

Medium Neutral Citation: R v Diallo & Ors (No 8) [2024] NSWSC 979 Hearing dates: 2 July 2024, 7-8 August 2024 Date of orders: 8 August 2024 Decision date: 08 August 2024 Jurisdiction: Common Law Before: Hamill J Decision: (1) Make an order for an inspection (view) of the scene pursuant to s 53(1) of the Evidence Act 1995 (NSW) (at [8]). (2) Decline to order the inspection to be video recorded (at [10]). (3) Various orders relating to media attendance (at [13]). Catchwords: CRIMINAL LAW – Whack-A-Mole pre-trial hearing – application for inspection of scene – relevant considerations – large area over which various incidents occurred – physical evidence scattered over several suburban blocks – perspective and distances – location of CCTV cameras – material alteration to one area of scene – shower can identify – inspection likely to be of significant assistance Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), s 15A Criminal Procedure Act 1986 (NSW), s 21(2) Evidence Act 1995 (NSW), ss 53(1), 53(2), 53(2)(a), 53(3) Cases Cited: R v Diallo & Ors (No 6) [2024] NSWSC 917 Texts Cited: N/A Category: Procedural rulings Parties: Rex (Prosecution) Ibrahima Diallo (Defendant) AG (Defendant) AD (Defendant) Panashe Morgan Ryan Karise (Defendant) Representation: Counsel: E Balodis (Rex) R Wilson SC (Diallo) M Avenell SC (AG) B Robinson (AD) M Smith (Karise)