Regina v J Taousanis [1999] NSWSC 107

Regina v J Taousanis [1999] NSWSC 107

It was appropriate to provide the jury with the transcript of the Crown's opening address and the accused's opening statement because the court had a discretionary power to provide records of proceedings conducted before the jury, the material had been said for a purpose which would be facilitated by accurate recall, provision of transcript was consistent with jurors' entitlement to take and use their own notes and with the policy reflected in Jury Act 1977 s 55C, and the identified risks of misuse could be addressed by judicial warnings.

Jurisdiction
Australia
Judgment Date
24 February 1999
Procedural Posture
Criminal Trial / During Trial; Ruling on a Juror's Request for Transcripts of the Crown's Opening Address and the Accused's Opening Statement
Outcome
Jury's request allowed.
Legal Topics
['jury Trial' 'provision of Transcript to Jury' 'opening Address' 'opening Statement' 'jury Act 1977 S 55 C']
['criminal Law' 'practice and Procedure'] ['jury Trial' 'provision of Transcript to Jury' 'opening Address' 'opening Statement' 'jury Act 1977 S 55 C']

Case Brief

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Procedural Posture

Criminal Trial / During Trial; Ruling on a Juror's Request for Transcripts of the Crown's Opening Address and the Accused's Opening Statement

Legal Issues

  1. 1 ["Whether the jury should be provided, at a juror's request, with a transcript of the Crown's opening address and the accused's opening statement." 'Whether the court has a discretionary power, apart from Jury Act 1977 s 55C, to make available to the jury a transcript of parts of the proceedings conducted before them.' 'Whether the risk of the jury misusing the transcript as evidence or as a summary of evidence justified refusing the request.']

Ratio Decidendi

It was appropriate to provide the jury with the transcript of the Crown's opening address and the accused's opening statement because the court had a discretionary power to provide records of proceedings conducted before the jury, the material had been said for a purpose which would be facilitated by accurate recall, provision of transcript was consistent with jurors' entitlement to take and use their own notes and with the policy reflected in Jury Act 1977 s 55C, and the identified risks of misuse could be addressed by judicial warnings.

Court Disposition

Jury's request allowed.

Orders

  • ["The jury should be provided with a copy of the Crown prosecutor's opening address and the opening statement made by counsel for the accused."]