R v WE (No.17) [2020] NSWSC 342

R v WE (No.17) [2020] NSWSC 342

Given the length and complexity of the trial, the volume of evidence, the extent of the transcript and the jury's request, it was reasonable and appropriate to provide the jury with transcripts of the closing addresses. However, passages in the self-represented accused's address that were irrelevant, scandalous or referred to matters not in evidence should be redacted because providing them would inappropriately remind the jury of matters about which they should not have been addressed.

Jurisdiction
Australia
Judgment Date
02 April 2020
Procedural Posture
Criminal Trial Procedural Ruling / Jury Deliberations; Ruling on Jury Request for Transcripts of Closing Addresses
Outcome
The jury's request was acceded to, with the accused's address to be provided in redacted form.
Legal Topics
['juries' 'self Represented Accused' 'jury Request for Transcripts' 'closing Addresses' 'redaction of Submissions Unsupported by Evidence']
['criminal Law' 'practice and Procedure'] ['juries' 'self Represented Accused' 'jury Request for Transcripts' 'closing Addresses' 'redaction of Submissions Unsupported by Evidence']

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Procedural Posture

Criminal Trial Procedural Ruling / Jury Deliberations; Ruling on Jury Request for Transcripts of Closing Addresses

Legal Issues

  1. 1 ["Whether the Court should exercise its discretion to provide the jury with transcripts of the Crown's and the accused's closing addresses." "If the addresses were to be provided, whether the accused's address should be redacted to remove inflammatory, scandalous, irrelevant or evidence-unsupported submissions."]

Ratio Decidendi

Given the length and complexity of the trial, the volume of evidence, the extent of the transcript and the jury's request, it was reasonable and appropriate to provide the jury with transcripts of the closing addresses. However, passages in the self-represented accused's address that were irrelevant, scandalous or referred to matters not in evidence should be redacted because providing them would inappropriately remind the jury of matters about which they should not have been addressed.

Court Disposition

The jury's request was acceded to, with the accused's address to be provided in redacted form.

Orders

  • ["Transcripts of the Crown's and accused's addresses are to be provided to the jury." 'The accused\'s address is to be redacted to remove passages determined to have been inappropriately included, including the additional passage from the words "like the search" to the words "for hours".' 'The jury is to be reminded...