R v Fantakis, Woods and Cheong [2018] NSWSC 749

R v Fantakis, Woods and Cheong [2018] NSWSC 749

There was no material change to the conceptual basis of the Crown case, only a possible variation in timing, which did not prejudice the accuseds' defences and did not require confining the jury's consideration to the narrower period. Procedural fairness and absence of disadvantage to the accused made refusing the application proper.

Jurisdiction
Australia
Judgment Date
23 May 2018
Procedural Posture
Criminal / Application During Trial
Outcome
Application refused
Legal Topics
['murder' 'accessory After the Fact' 'trial Procedure' 'closing Addresses' 'fairness' 'prejudice' 'crown Case Opening' 'timing of Offence']
['criminal Law'] ['murder' 'accessory After the Fact' 'trial Procedure' 'closing Addresses' 'fairness' 'prejudice' 'crown Case Opening' 'timing of Offence']

Case Brief

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Procedural Posture

Criminal / Application During Trial

Legal Issues

  1. 1 ['Whether the Crown case should be confined to the period as opened' "Whether a 'shift' in the Crown case occasioned prejudice to the accused" "Whether fairness requires restricting the jury's consideration to the period between 2pm and 3pm"]

Ratio Decidendi

There was no material change to the conceptual basis of the Crown case, only a possible variation in timing, which did not prejudice the accuseds' defences and did not require confining the jury's consideration to the narrower period. Procedural fairness and absence of disadvantage to the accused made refusing the application proper.

Court Disposition

Application refused

Orders

  • ['Application to limit the Crown case refused']