R v Coss (No 1)

The respondent, Coss, was charged with murder and was remanded in custody pending trial. The Crown applied for an order to view various locations in the town of Bingara, which was not opposed by the respondent. The application was heard by Justice Emmett in the Supreme Court of New South Wales. The primary issue for the court was whether the Crown had demonstrated a sufficient need for the view of the locations in question to justify granting the application. The court had to consider the relevance of the locations to the offence and whether the view was necessary to properly prepare the case for trial.

Justice Emmett noted that the Crown had to demonstrate a compelling need for the view, which would be weighed against the respondent's right to liberty and privacy. The court found that the locations in question were relevant to the offence and that the Crown had demonstrated a compelling need for the view, given the complexity of the case and the potential for the view to assist in the preparation of the case. The court was satisfied that the benefits of granting the application outweighed any potential prejudice to the respondent. Accordingly, the court made the orders sought by the Crown, allowing the police to view the specified locations in Bingara. The orders included specific directions to ensure the protection of the respondent's privacy and dignity during the view.