R v BB (No 5) [2019] NSWSC 1393

R v BB (No 5) [2019] NSWSC 1393

Section 55C of the Jury Act 1977 (NSW) is not a code excluding provision of other transcript material. The Court had an implied power to control the trial and take steps to render it fair. Given the complexity of the factual matrix and the detailed analysis of documents in both closing addresses, fairness and the administration of justice supported providing both closing addresses. The summing-up should not be provided because it was not then available, would not be available to the jury until later, contained mostly directions of law with minimal factual examples, and there was a risk the jury would misuse the examples or treat the directions as legislation; clarification could instead...

Jurisdiction
Australia
Judgment Date
03 October 2019
Procedural Posture
Criminal Trial for Two Counts of an Offence Covered by the Criminal Code (cth) / Procedural Ruling on Jury Request for Transcripts of Addresses and Summing Up
Outcome
The Court provided the transcript of the closing addresses to the jury and refused to provide the transcript of the summing-up.
Legal Topics
['jury Requests for Transcript' 'closing Addresses' 'summing Up' 'implied Power to Control Court Process' 'fair Trial']
['criminal Procedure'] ['jury Requests for Transcript' 'closing Addresses' 'summing Up' 'implied Power to Control Court Process' 'fair Trial']

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 Trial for Two Counts of an Offence Covered by the Criminal Code (cth) / Procedural Ruling on Jury Request for Transcripts of Addresses and Summing Up

Legal Issues

  1. 1 ['Whether the Court could provide the jury with transcript of closing addresses and summing-up when s 55C of the Jury Act 1977 (NSW) refers to transcript of evidence at a trial.' 'Whether the discretion should be exercised to provide the transcript of closing addresses.' 'Whether the discretion should be exercised to provide the transcript of the summing-up.']

Ratio Decidendi

Section 55C of the Jury Act 1977 (NSW) is not a code excluding provision of other transcript material. The Court had an implied power to control the trial and take steps to render it fair. Given the complexity of the factual matrix and the detailed analysis of documents in both closing addresses, fairness and the administration of justice supported providing both closing addresses. The summing-up should not be provided because it was not then available, would not be available to the jury until later, contained mostly directions of law with minimal factual examples, and there was a risk the jury would misuse the examples or treat the directions as legislation; clarification could instead...

Court Disposition

The Court provided the transcript of the closing addresses to the jury and refused to provide the transcript of the summing-up.

Orders

  • ['The transcript of the closing addresses be provided to the jury.' 'The transcript of the summing-up not be provided.']