R v Bloodsworth; R v Errington (No 4) [2017] NSWSC 1485

R v Bloodsworth; R v Errington (No 4) [2017] NSWSC 1485

The Court refused the direction sought because such a direction would create an unwarranted imbalance between the accused, potentially undermine the essential distinction between admissions evidence as it relates to co-accused, and risk unfairness to Errington. The way the Crown put its case and the evidence did not justify the direction, especially in light of s 83 of the Evidence Act 1995 (NSW) and applicable authority.

Jurisdiction
Australia
Judgment Date
25 October 2017
Procedural Posture
Criminal / Ruling on Jury Direction During Trial
Outcome
Direction sought by Mr Price on behalf of Bloodsworth refused.
Legal Topics
['joint Criminal Enterprise' 'jury Directions' 'admissibility of Admissions' 'fair Trial Procedures']
['criminal Law' 'evidence'] ['joint Criminal Enterprise' 'jury Directions' 'admissibility of Admissions' 'fair Trial Procedures']

Case Brief

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Procedural Posture

Criminal / Ruling on Jury Direction During Trial

Legal Issues

  1. 1 ['Whether a direction should be given that the jury must acquit Bloodsworth if not satisfied of joint criminal enterprise' "Whether such a direction would create unfairness to co-accused Errington by allowing use of admissions inadmissible in Bloodsworth's case"]

Ratio Decidendi

The Court refused the direction sought because such a direction would create an unwarranted imbalance between the accused, potentially undermine the essential distinction between admissions evidence as it relates to co-accused, and risk unfairness to Errington. The way the Crown put its case and the evidence did not justify the direction, especially in light of s 83 of the Evidence Act 1995 (NSW) and applicable authority.

Court Disposition

Direction sought by Mr Price on behalf of Bloodsworth refused.

Orders

  • ['Refusal to give the direction sought on behalf of the accused Bloodsworth']