R v Rogers (No 8) [2019] NSWSC 690

R v Rogers (No 8) [2019] NSWSC 690

In this case, despite it not being a long or complex trial, the precision required for the substantial impairment defence and the definitions canvassed in the summing up justified granting the jury's request for a transcript. The judge exercised discretion under s 55C of the Jury Act to comply with the request, considering it appropriate and practicable.

Parties
Crown: Regina; Accused: Warren Rogers
Jurisdiction
Australia
Judgment Date
23 May 2019
Procedural Posture
Criminal / Ruling During Trial; Discretionary Procedural Order
Outcome
Jury provided with transcript of the summing up
Legal Topics
Jury Requests, Substantial Impairment Defence, Provision of Transcripts, Discretion of Trial Judge
Criminal Law Jury Requests Substantial Impairment Defence Provision of Transcripts Discretion of Trial Judge

Case Brief

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Parties

Regina

Crown

Warren Rogers

Accused

Procedural Posture

Criminal / Ruling During Trial; Discretionary Procedural Order

Legal Issues

  1. 1 Whether a transcript of the judge's summing up should be provided to the jury upon request
  2. 2 Scope of trial judge's discretionary power under Jury Act 1977 (NSW) s 55C

Ratio Decidendi

In this case, despite it not being a long or complex trial, the precision required for the substantial impairment defence and the definitions canvassed in the summing up justified granting the jury's request for a transcript. The judge exercised discretion under s 55C of the Jury Act to comply with the request, considering it appropriate and practicable.

Court Disposition

Jury provided with transcript of the summing up

Orders

  • A transcript of the summing up was supplied to the jury upon request, as ordered by the judge.