R v HAOUI [2007] NSWDC 6

R v HAOUI [2007] NSWDC 6

The judge ruled that it was appropriate and practicable to provide the jury with a transcript of the evidence because it would assist them in their deliberations without undermining the proper conduct of the trial. The right of the accused to have things happen in his presence does not extend to the jury's internal deliberations, and supplying the transcript is consistent with statutory provision and common sense.

Parties
Prosecution: Crown; Accused: Joseph Robert HAOUI
Jurisdiction
Australia
Judgment Date
01 February 2007
Procedural Posture
Criminal Trial / During Trial; Ruling on Jury Request for Transcript
Outcome
The jury is to be provided with copies of the transcript of evidence as requested.
Legal Topics
Jury Procedure, Supply of Transcript to Jury
Criminal Law Jury Procedure Supply of Transcript to Jury

Case Brief

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Parties

Crown

Prosecution

Joseph Robert HAOUI

Accused

Procedural Posture

Criminal Trial / During Trial; Ruling on Jury Request for Transcript

Legal Issues

  1. 1 Should the jury be provided with a transcript of the evidence upon request during the trial?

Ratio Decidendi

The judge ruled that it was appropriate and practicable to provide the jury with a transcript of the evidence because it would assist them in their deliberations without undermining the proper conduct of the trial. The right of the accused to have things happen in his presence does not extend to the jury's internal deliberations, and supplying the transcript is consistent with statutory provision and common sense.

Court Disposition

The jury is to be provided with copies of the transcript of evidence as requested.

Orders

  • Jury to be provided with transcript of evidence.