53Views

### 53 Views > > (1)  A judge, on application, may order that a demonstration, experiment or inspection be held. > > > (2)  A judge is not to make an order unless satisfied that – > > > > > > (a) the parties will be given a reasonable opportunity to be present; and > > > > > > > (b) if there is a jury, the jury will be present. > > > (3)  Without limiting the matters that a judge may take into account in deciding whether to make an order, the judge is to take into account the following: > > > > > > (a) whether the parties will be present; > > > > > > > (b) whether the demonstration, experiment or inspection, in the court's opinion, will assist the court in resolving issues of fact or understanding the evidence; > > > > > > > (c) the danger that the demonstration, experiment or inspection might be unfairly prejudicial, misleading or confusing or might cause or result in undue waste of time; > > > > > > > (d) in the case of a demonstration, the extent to which the demonstration will properly reproduce the conduct or event to be demonstrated; > > > > > > > (e) in the case of an inspection, the extent to which the place or thing to be inspected has materially altered. > > > (4)  The court, including the jury if there is a jury, is not to conduct an experiment in the course of its deliberations. > > > (5)  This section does not apply in relation to the inspection of an exhibit by the court or, if there is a jury, by the jury. > > > > | Note: Subsection (2) differs from section 53(2) of the Evidence Act 1995 of the Commonwealth. |