REGINA v. JUNG [2006] NSWSC 660

New South Wales Supreme Court

CITATION : REGINA v. JUNG [2006] NSWSC 660

HEARING DATE(S) : 19 - 23 June 2006; 26 - 28 June 2006

JUDGMENT DATE : 29 June 2006

JURISDICTION : Criminal

JUDGMENT OF : Hall J at 1

DECISION : The forensic photographic evidence is admissible

CATCHWORDS : Admissibility of forensic photographs

LEGISLATION CITED : Crimes (Forensic Procedures) Act 2000 Crimes Act 1900

PARTIES : REGINA v. JUNG, Myoung Il

FILE NUMBER(S) : SC No. 2005/657

COUNSEL : Crown: M. Barr Accused: W. Terracini, SC./B. Murray

SOLICITORS : Crown: S. Kavanagh Accused: Marsdens Law Group

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION CRIMINAL LIST

HALL, J.

THURDSAY 29 JUNE 2006

2005/657

REGINA v. MYOUNG IL JUNG

JUDGMENT (On admissibilty of forensic photographs)

1 HIS HONOUR: Myoung Il Jung has pleaded not guilty on the presentation of an indictment charging him with the murder of Duck Huan Kim and Dok Su Kim on 30 January 1997. The trial is to proceed before me sitting with a jury that was empanelled on Monday 26 June. At the outset, senior counsel for the accused informed the Court that there was a necessity for a ruling upon the admissibility of certain forensic photographs taken by police on 8 November 2004. 2 The issue of the admissibility of the photographic evidence involves a consideration of the Crimes (Forensic Procedures) Act 2000. Issues in relation to the forensic procedures 3 Whilst a number of discrete matters were traversed by the evidence, the principal issues relied upon by senior counsel for the accused were the following:-