R v Rogerson; R v McNamara (No 10) [2015] NSWSC 1067

Supreme Court New South Wales

Medium Neutral Citation: R v Rogerson; R v McNamara (No 10) [2015] NSWSC 1067 Hearing dates: 3 August 2015 Date of orders: 06 August 2015 Decision date: 06 August 2015 Jurisdiction: Common Law Before: Bellew J Decision: See paragraph [18] Catchwords: CRIMINAL LAW – Evidence – Application by Crown for view of locations relevant to the Crown case – Where view would assist the jury in understanding the evidence – Where application supported by both accused – Application granted Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: Ha v R [2014] VSCA 335 Category: Procedural and other rulings Parties: Regina – Crown Roger Caleb Rogerson - Accused Glen Patrick McNamara – Accused Representation: Counsel: Mr C Maxwell QC - Crown Mr G Thomas – Accused Rogerson Mr C Waterstreet – Accused McNamara

Solicitors: Director of Public Prosecutions - Crown Katsoolis and Co – Accused Rogerson Kings Law Group – Accused McNamara File Number(s): 2014/157408; 2014/156921 Publication restriction: Nil

Judgment

INTRODUCTION 1. Roger Caleb Rogerson and Glen Patrick McNamara have each pleaded not guilty to an indictment alleging: 1. the murder of Jamie Gao ("the deceased") on 20 May 2014; and 2. the supply, on the same day, of a prohibited drug, namely 2.78 kilograms of methylamphetamine, being an amount not less than the large commercial quantity applicable to that drug. 1. By notice of motion dated 31 July 2015 the Crown has made application that in the course of the trial of the two accused a view be held, pursuant to s. 53 of the Evidence Act 1995 (NSW) ("the Act"), of various locations where, on the Crown case, relevant events took place. The notice of motion is supported by an affidavit Karl Robert Prince, a solicitor employed by the NSW Director of Public Prosecutions. Mr Prince is instructing the Crown Prosecutor in the trial.