R v Rogerson; R v McNamara (No 22) [2016] NSWSC 80

Supreme Court New South Wales

Medium Neutral Citation: R v Rogerson; R v McNamara (No 22) [2016] NSWSC 80 Hearing dates: 16 February 2016 Date of orders: 16 February 2016 Decision date: 16 February 2016 Jurisdiction: Common Law Before: Bellew J Decision: See [3] Catchwords: CRIMINAL LAW – Evidence – Where Crown sought extension of orders to include additional location on a view – No opposition by parties – Orders granted – No point of principle Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: R v Rogerson, R v McNamara (No 10) [2015] NSWSC 1067 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 Ms K Shead – 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 – EX TEMPORE (REVISED) 1. On 6 August 2015 I delivered judgment in relation to an application that a view be undertaken of certain areas relevant to the trial, pursuant to the provisions of s. 53 of the Evidence Act 1995 (NSW) ("the Act"): see R v Rogerson, R v McNamara (No 10) [2015] NSWSC 1067. 2. It is proposed that the view be undertaken on Thursday of this week. This morning the Crown filed a notice of motion seeking that the order that I previously made be extended to include an additional location, namely, the area at the corner of Arab Road and Stuart Street at Padstow for the purposes of Detective Sergeant Phillips pointing out, amongst other things, the location nominated by the witness Hubert Sha on exhibit M. No issue has been taken on behalf of either accused in relation to the order sought by the Crown. In light of the evidence which has been given it seems to me entirely appropriate that a view be undertaken of that area, in addition to those which are the subject of my earlier judgment. 3. Accordingly for those reasons, I order that the view to be undertaken on Thursday 18 February 2016 include, in addition to those areas nominated in my previous judgment, the area nominated as the corner of Arab Road and Stuart Street, Padstow.