R v Khan (No 10) [2019] NSWSC 447

R v Khan (No 10) [2019] NSWSC 447

The court declined to give the additional direction incorporating the term 'morally' into the jury direction, finding that the agreed direction, based directly on s 7.3(1)(b) of the Code, was sufficient and that the additional wording would be an unnecessary gloss not supported by the statute.

Parties
Crown: Regina (Crown); Accused: Ihsas Khan
Jurisdiction
Australia
Judgment Date
18 April 2019
Procedural Posture
Criminal Trial / Direction to Jury Before Final Addresses
Outcome
Application for additional direction refused
Legal Topics
Directions to Jury, Mental Illness Defence, Terrorist Act, Wrongfulness of Conduct
Criminal Law Directions to Jury Mental Illness Defence Terrorist Act Wrongfulness of Conduct

Case Brief

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Parties

Regina (Crown)

Crown

Ihsas Khan

Accused

Procedural Posture

Criminal Trial / Direction to Jury Before Final Addresses

Legal Issues

  1. 1 Whether the jury should be directed that 'wrong' in s 7.3(1)(b) Criminal Code 1995 (Cth) means 'morally wrong' and if an additional direction to that effect should be given

Ratio Decidendi

The court declined to give the additional direction incorporating the term 'morally' into the jury direction, finding that the agreed direction, based directly on s 7.3(1)(b) of the Code, was sufficient and that the additional wording would be an unnecessary gloss not supported by the statute.

Court Disposition

Application for additional direction refused

Orders

  • The additional direction sought by counsel for the accused is not to be given to the jury.