R v Khayat (No 9) [2019] NSWSC 1319

R v Khayat (No 9) [2019] NSWSC 1319

Leave was granted because the further evidence was sought to correct identified inaccuracies in documentary evidence that were the subject of a jury question, the application was not opposed by counsel for Mahmoud Khayat on the basis that appropriate directions would be given, and directions could adequately guard against the jury placing undue significance on the corrections.

Jurisdiction
Australia
Judgment Date
03 May 2019
Procedural Posture
Criminal Trial / Crown Application for Leave to Re Open Its Case to Adduce Further Evidence After the Jury Had Commenced Deliberations
Outcome
Crown's application for leave to re-open granted.
Legal Topics
['leave to Re Open Crown Case' 'jury Deliberations' 'correction of Documentary Evidence' 'jury Directions']
['criminal Law' 'criminal Procedure' 'evidence'] ['leave to Re Open Crown Case' 'jury Deliberations' 'correction of Documentary Evidence' 'jury Directions']

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Procedural Posture

Criminal Trial / Crown Application for Leave to Re Open Its Case to Adduce Further Evidence After the Jury Had Commenced Deliberations

Legal Issues

  1. 1 ['Whether the Crown should be granted leave to re-open its case after the jury had commenced deliberations to correct inaccuracies in documentary exhibits relevant to a jury question.' 'What directions should be given to ensure the further evidence carries no more weight than it properly should.']

Ratio Decidendi

Leave was granted because the further evidence was sought to correct identified inaccuracies in documentary evidence that were the subject of a jury question, the application was not opposed by counsel for Mahmoud Khayat on the basis that appropriate directions would be given, and directions could adequately guard against the jury placing undue significance on the corrections.

Court Disposition

Crown's application for leave to re-open granted.

Orders

  • ["Crown's application for leave to re-open granted." 'The jury was to be directed that the corrections were being made in a lengthy document as a result of their question, that no particular significance should be placed on the entries or corrections, and that there was no direct evidence associating Mahmoud Khayat...