R v Cranston (No 24) [2023] NSWSC 10

R v Cranston (No 24) [2023] NSWSC 10

Given the jury's request, the almost nine-month length of the trial, the voluminous evidence, the numerous and complex issues, the interruption and five-day duration of the summing up, the jury's entitlement to use their own necessarily incomplete notes, and the directions already given about the proper use of the summing up, it was appropriate to exercise the Court's discretion to provide the jury with an accurate, complete and redacted transcript of the summing up.

Jurisdiction
Australia
Judgment Date
23 January 2023
Procedural Posture
Criminal Trial Procedural Ruling / Jury Request During Deliberations for Transcript of Summing Up
Outcome
Jury's request granted.
Legal Topics
['jury Trial' 'access to Transcript' 'summing Up' 'judicial Directions' 'discretionary Procedural Ruling']
['criminal Procedure'] ['jury Trial' 'access to Transcript' 'summing Up' 'judicial Directions' 'discretionary Procedural Ruling']

Case Brief

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Procedural Posture

Criminal Trial Procedural Ruling / Jury Request During Deliberations for Transcript of Summing Up

Legal Issues

  1. 1 ['Whether the Court had power to provide the jury with a transcript of the summing up.' "Whether the Court should exercise its discretion to grant the jury's request for a copy of the transcript of the summing up."]

Ratio Decidendi

Given the jury's request, the almost nine-month length of the trial, the voluminous evidence, the numerous and complex issues, the interruption and five-day duration of the summing up, the jury's entitlement to use their own necessarily incomplete notes, and the directions already given about the proper use of the summing up, it was appropriate to exercise the Court's discretion to provide the jury with an accurate, complete and redacted transcript of the summing up.

Court Disposition

Jury's request granted.

Orders

  • ["Grant jury's request for a copy of the transcript of the summing up." 'The final version of the summing up was distributed to the jury on the morning of 20 January 2023: MFI 142.']