R v LN; R v AW (No. 6) [2017] NSWSC 283

R v LN; R v AW (No. 6) [2017] NSWSC 283

The Crown must remain confined to the case against AW as opened to the jury and cannot alter its case to allege that AW's conduct caused or contributed to the death; questioning of medical witnesses may address injuries linked to alleged assaults, but the basis of the Crown case against AW cannot be changed mid-trial.

Parties
Prosecution: Regina (Crown); Accused: LN; Accused: AW
Jurisdiction
Australia
Judgment Date
20 March 2017
Procedural Posture
Criminal / Trial (interlocutory Ruling During Evidence)
Outcome
Crown is confined to case against AW as opened to the jury on 27 February 2017; objection by AW upheld to the extent that the Crown cannot alter the case basis against AW.
Legal Topics
Murder, Expert Evidence, Joint Criminal Enterprise, Trial Procedure, Cause of Death
Criminal Law Murder Expert Evidence Joint Criminal Enterprise Trial Procedure Cause of Death

Case Brief

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Parties

Regina (Crown)

Prosecution

LN

Accused

AW

Accused

Procedural Posture

Criminal / Trial (interlocutory Ruling During Evidence)

Legal Issues

  1. 1 Whether the Crown can put questions to a medical expert on a topic not included in their expert report.
  2. 2 Whether such questioning would amount to changing the Crown's case against the accused AW.

Ratio Decidendi

The Crown must remain confined to the case against AW as opened to the jury and cannot alter its case to allege that AW's conduct caused or contributed to the death; questioning of medical witnesses may address injuries linked to alleged assaults, but the basis of the Crown case against AW cannot be changed mid-trial.

Court Disposition

Crown is confined to case against AW as opened to the jury on 27 February 2017; objection by AW upheld to the extent that the Crown cannot alter the case basis against AW.

Orders

  • The Crown is confined to the case against AW as opened to the jury on 27 February 2017.