R v Ronald Edward Medich (No. 24) [2017] NSWSC 293

R v Ronald Edward Medich (No. 24) [2017] NSWSC 293

Given that the trial had run for two months, involved many witnesses and a transcript substantially exceeding 2000 pages, and because the jury should receive reasonable and appropriate assistance for deliberations, there was no factor preventing provision of the requested addresses and summing-up, provided the jury was reminded that counsel addresses were not evidence and that they could still ask questions for clarification. A digital transcript was unnecessary in light of the hard copies and practical delay in preparing it.

Jurisdiction
Australia
Judgment Date
27 March 2017
Procedural Posture
Criminal Jury Trial / Procedural Ruling During Jury Deliberations on Jury Request for Transcript, Addresses, Summing Up, Witness List and Exhibit List
Outcome
The judge exercised discretion to provide the material requested by the jury, except that provision of a digital transcript was considered largely unnecessary.
Legal Topics
['jury Deliberations' 'supply of Transcripts to Jury' 'counsel Addresses' "trial Judge's Summing Up" 'jury Act 1977 (nsw) S 55 C']
['criminal Law' 'criminal Procedure'] ['jury Deliberations' 'supply of Transcripts to Jury' 'counsel Addresses' "trial Judge's Summing Up" 'jury Act 1977 (nsw) S 55 C']

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 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Jury Trial / Procedural Ruling During Jury Deliberations on Jury Request for Transcript, Addresses, Summing Up, Witness List and Exhibit List

Legal Issues

  1. 1 ['Whether the jury should be provided with hard copies and a digital copy of the trial transcript.' "Whether the jury should be provided with copies of the Crown address, the defence address and the trial judge's summing-up." 'Whether provision of counsel addresses in written form risked elevating them to evidentiary status.' 'Whether any risk of misuse could be addressed by appropriate directions to the jury.']

Ratio Decidendi

Given that the trial had run for two months, involved many witnesses and a transcript substantially exceeding 2000 pages, and because the jury should receive reasonable and appropriate assistance for deliberations, there was no factor preventing provision of the requested addresses and summing-up, provided the jury was reminded that counsel addresses were not evidence and that they could still ask questions for clarification. A digital transcript was unnecessary in light of the hard copies and practical delay in preparing it.

Court Disposition

The judge exercised discretion to provide the material requested by the jury, except that provision of a digital transcript was considered largely unnecessary.

Orders

  • ["Two hard copies of the transcript may be provided, excluding proceedings in the jury's absence." 'A list of witnesses and a list of exhibits may be provided.' "Copies of the Crown address, the defence address and the trial judge's summing-up are to be provided to the jury." 'The jury is to be reminded that...