R v Macdonald; R v Maitland (No 9) [2022] NSWSC 1449

R v Macdonald; R v Maitland (No 9) [2022] NSWSC 1449

Given the length and complexity of the trial, the significant amount of documentary and testimonial evidence, the apparent competence of the unrepresented accused, and the safeguards in place, the judge exercised discretion to allow the Crown to provide both written and oral closing addresses.

Parties
Prosecution: Rex (Crown); Accused: Ian Michael Macdonald; Accused: John William Maitland
Jurisdiction
Australia
Judgment Date
21 October 2022
Procedural Posture
Criminal / Procedural Ruling During Judge Alone Trial
Outcome
Application to allow the Crown Prosecutor to give a closing address granted.
Legal Topics
Criminal Procedure, Unrepresented Accused, Closing Address, Judge Alone Trial, Judicial Discretion
Criminal Law Criminal Procedure Unrepresented Accused Closing Address Judge Alone Trial Judicial Discretion

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Parties

Rex (Crown)

Prosecution

Ian Michael Macdonald

Accused

John William Maitland

Accused

Procedural Posture

Criminal / Procedural Ruling During Judge Alone Trial

Legal Issues

  1. 1 Whether the Crown Prosecutor should be permitted to deliver a closing address in a judge-alone trial where one accused is unrepresented.

Ratio Decidendi

Given the length and complexity of the trial, the significant amount of documentary and testimonial evidence, the apparent competence of the unrepresented accused, and the safeguards in place, the judge exercised discretion to allow the Crown to provide both written and oral closing addresses.

Court Disposition

Application to allow the Crown Prosecutor to give a closing address granted.

Orders

  • Crown Prosecutor permitted to deliver a closing address in both written and oral form.