R v Cranston (No 21) [2022] NSWSC 1616

R v Cranston (No 21) [2022] NSWSC 1616

The Court settled the principal draft legal directions for the jury by accepting amendments that clarified the statutory elements, reflected the Crown case and reduced risk of confusion, while rejecting proposed changes that were repetitive, unnecessarily complex, focused on particulars rather than elements, or introduced issues not arising in the trial. The Court proposed to give directions in the form contained in Annexure B, subject to a final opportunity for submissions before summing up.

Jurisdiction
Australia
Judgment Date
25 November 2022
Procedural Posture
Common Law Criminal; Procedural Ruling in Criminal Trial / During Jury Trial, After the Crown Case Had Closed and Before Summing Up, Settling Draft Legal Directions to the Jury
Outcome
Legal directions to the jury settled in accordance with Annexure B, subject to a final opportunity for parties to suggest changes before summing up.
Legal Topics
['draft Legal Directions to Jury' 'conspiracy to Defraud' 'conspiracy to Launder Money Over $1, 000, 000' 'gst' 'payg Withholding' "use of Accused's Words in Electronic Recordings" 'use of Guilty Pleas' 'companies, Trusts and Trust Accounts' "solicitor's Obligations"]
['criminal Procedure' 'criminal Law' 'taxation' 'corporations'] ['draft Legal Directions to Jury' 'conspiracy to Defraud' 'conspiracy to Launder Money Over $1,000,000' 'gst' 'payg Withholding' "use of Accused's Words in Electronic Recordings" 'use of Guilty Pleas' 'companies, Trusts and Trust Accounts' "solicitor's Obligations"]

Case Brief

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Procedural Posture

Common Law Criminal; Procedural Ruling in Criminal Trial / During Jury Trial, After the Crown Case Had Closed and Before Summing Up, Settling Draft Legal Directions to the Jury

Legal Issues

  1. 1 ['What amendments should be made to draft jury directions on the elements of Counts 1 and 2.' 'What directions should be given to the jury concerning GST and PAYG.' 'What directions should be given on the use of words of the accused in electronic recordings and the use that may be made of guilty pleas.' 'What directions should be given concerning companies, trusts and trust accounts.' 'Whether proposed amendments by the Crown and by accused should be adopted, rejected, or modified before the summing up.']

Ratio Decidendi

The Court settled the principal draft legal directions for the jury by accepting amendments that clarified the statutory elements, reflected the Crown case and reduced risk of confusion, while rejecting proposed changes that were repetitive, unnecessarily complex, focused on particulars rather than elements, or introduced issues not arising in the trial. The Court proposed to give directions in the form contained in Annexure B, subject to a final opportunity for submissions before summing up.

Court Disposition

Legal directions to the jury settled in accordance with Annexure B, subject to a final opportunity for parties to suggest changes before summing up.

Orders

  • ['The Court proposed to give legal directions in accordance with Annexure B to the reasons.' 'The parties were to be given a final opportunity to suggest changes to those directions before delivery of the summing up.']