ABSTRACT

Things and places outside court may be inspected during the course of a trial. For example, members of a jury in one case viewed reconstructions of events, enacted outside court in a Range Rover motor car, to assist them in determining whether police had seen an act of oral intercourse in a similar car on an earlier occasion.37 In a trial for murder, a jury inspected a house, where the bodies of nine victims had been unearthed, to determine whether the wife of a man living there might have failed to notice her husband’s activities on the premises.38 During the course of hearing Tito v Waddell,39 the trial judge visited Ocean Island in the Pacific Ocean, which was the subject of the litigation.