R v WE (No.5) [2019] NSWSC 912

R v WE (No.5) [2019] NSWSC 912

The chronology entry challenged by the accused does not create unfair prejudice because sufficient jury directions will be given, and the entry is based on an available inference from admissible evidence.

Jurisdiction
Australia
Judgment Date
16 July 2019
Procedural Posture
Criminal / Procedural Ruling During Trial
Outcome
Objection dismissed. Crown permitted to include challenged entry in chronology to jury.
Legal Topics
['juries' 'practice and Procedure' 'preparation for Terrorist Acts' 'chronology/roadmap to Jury' 'prejudice to Accused' 'jury Directions']
['criminal Law'] ['juries' 'practice and Procedure' 'preparation for Terrorist Acts' 'chronology/roadmap to Jury' 'prejudice to Accused' 'jury Directions']

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Procedural Posture

Criminal / Procedural Ruling During Trial

Legal Issues

  1. 1 ['Whether a specific entry in the chronology provided to the jury by the Crown should be permitted despite objection by the accused on grounds of prejudice.']

Ratio Decidendi

The chronology entry challenged by the accused does not create unfair prejudice because sufficient jury directions will be given, and the entry is based on an available inference from admissible evidence.

Court Disposition

Objection dismissed. Crown permitted to include challenged entry in chronology to jury.

Orders

  • ['Crown allowed to include the objected-to entry in jury chronology.']