R v Martin (No 6) [2017] NSWSC 1344

Supreme Court New South Wales

Medium Neutral Citation: R v Martin (No 6) [2017] NSWSC 1344 Hearing dates: 25 September 2017 Date of orders: 29 September 2017 Decision date: 29 September 2017 Jurisdiction: Common Law Before: Hamill J Decision: (1) Evidence of the simulation, experiment or demonstration carried out and recorded by investigating police on 10 December 2014 (and the opinions proffered as result) is not admissible.

(2) The proposed demonstration whereby Detective Edmonds would be bound with tape in the witness box and asked to attempt to extricate himself is not allowed.

(3) The proposed invitation to the jury to handle the tape and to tear it is not permitted. Catchwords: CRIMINAL LAW – evidence – Crown application to tender evidence of experiment or demonstration concerning strength of tape – evidence relevant to accused's account of circumstances of father's murder – where demonstration does not replicate circumstances of event – application for jury to be invited to conduct tests of tape in jury box – undesirability of jury becoming investigators – desirability of jury remaining impartial observers until all evidence tendered – various demonstrations inadmissible Legislation Cited: Evidence Act 1995 (NSW), ss 53, 135 Cases Cited: Evans v the Queen (2007) 235 CLR 521; [2007] HCA 59 Kozul v The Queen (1981) 147 CLR 221; [1981] HCA 19 State of Minnesota v Gerard J Costello 646 North Western Reporter, 2d Series 204 (Minn 2002) Tootle v R [2017] NSWCCA 103 Category: Procedural and other rulings Parties: Regina (Crown) Micheal Phillip Martin Representation: Counsel: Mr B Campbell (Crown) Mr G D Wendler (M P Martin)