R v WE (No.2) [2019] NSWSC 854

R v WE (No.2) [2019] NSWSC 854

No unfair prejudice would flow to the accused by providing the jury with the Chronology, so long as appropriate judicial directions are given that it is not to be treated as evidence, and certain prejudicial entries are excluded or amended.

Parties
Crown: Regina; Accused: WE
Jurisdiction
Australia
Judgment Date
08 July 2019
Procedural Posture
Criminal Trial / Jury Trial; Ruling on Admissibility of Chronology Document
Outcome
Objection dismissed except as to specified entries; Chronology to be provided to the jury with amendments and deletions as indicated.
Legal Topics
Juries, Practice and Procedure, Prejudicial Evidence, Preparation for Terrorist Acts
Criminal Law Juries Practice and Procedure Prejudicial Evidence Preparation for Terrorist Acts

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Regina

Crown

WE

Accused

Procedural Posture

Criminal Trial / Jury Trial; Ruling on Admissibility of Chronology Document

Legal Issues

  1. 1 Whether providing the jury with a Chronology document would be prejudicial to the accused and compromise his right to a fair trial

Ratio Decidendi

No unfair prejudice would flow to the accused by providing the jury with the Chronology, so long as appropriate judicial directions are given that it is not to be treated as evidence, and certain prejudicial entries are excluded or amended.

Court Disposition

Objection dismissed except as to specified entries; Chronology to be provided to the jury with amendments and deletions as indicated.

Orders

  • Chronology document to be provided to the jury with exclusion of the passage describing events as extending beyond necessity and the sentence referencing the co-accused as 'male with beard'; other content to remain.