R v Diez-Orozco and Lawrence [2003] NSWSC 1050

R v Diez-Orozco and Lawrence [2003] NSWSC 1050

Jury should be warned under s 165 of the Evidence Act 1995 to treat with caution the evidence of a co-accused which may implicate other accused, particularly where there may be reasons for the evidence to be downplaying the witness's own involvement and increasing that of others. Lawrence and Diez are entitled to such a warning regarding Cornwell's evidence.

Parties
Crown: Regina; Accused: Juan Guillermo Diez-Orozco; Accused: John Lawrence
Jurisdiction
Australia
Judgment Date
23 June 2003
Procedural Posture
Criminal / Judge's Ruling on Warning to Jury During Trial
Outcome
Judge intends to give the jury a warning under s 165 regarding use of co-accused evidence and Cornwell's evidence in particular.
Legal Topics
Judge's Summing Up, Co Accused as Witnesses, Jury Warnings, Section 165 Warnings
Criminal Law and Procedure Judge's Summing Up Co Accused as Witnesses Jury Warnings Section 165 Warnings

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Parties

Regina

Crown

Juan Guillermo Diez-Orozco

Accused

John Lawrence

Accused

Procedural Posture

Criminal / Judge's Ruling on Warning to Jury During Trial

Legal Issues

  1. 1 Whether a warning under s 165 of the Evidence Act 1995 should be given where a co-accused gives evidence implicating another co-accused

Ratio Decidendi

Jury should be warned under s 165 of the Evidence Act 1995 to treat with caution the evidence of a co-accused which may implicate other accused, particularly where there may be reasons for the evidence to be downplaying the witness's own involvement and increasing that of others. Lawrence and Diez are entitled to such a warning regarding Cornwell's evidence.

Court Disposition

Judge intends to give the jury a warning under s 165 regarding use of co-accused evidence and Cornwell's evidence in particular.