R v Stephen (No.2) [2018] NSWSC 167

R v Stephen (No.2) [2018] NSWSC 167

The accused was not a child, did not suffer from a frank physical or intellectual disability, was in close proximity to her legal team, and no exceptional matter individually or in combination justified departure from the usual approach. The Court was not satisfied that the accused sitting in the dock in a traditional courtroom for a murder trial would significantly or unduly prejudice the jury against her, particularly in light of foreshadowed directions against prejudice. The application was therefore refused and the accused was requested to remain in the dock throughout the trial.

Jurisdiction
Australia
Judgment Date
06 February 2018
Procedural Posture
Criminal Proceeding; Murder Trial by Jury / Procedural Ruling on Application for Accused to Sit Outside the Dock
Outcome
Application refused; accused requested to sit in the dock throughout the whole of the trial.
Legal Topics
['murder Trial' 'trial by Jury' 'accused in the Dock' 'courtroom Procedure' 'prejudice to Accused']
['criminal Law' 'criminal Procedure'] ['murder Trial' 'trial by Jury' 'accused in the Dock' 'courtroom Procedure' 'prejudice to Accused']

Case Brief

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Procedural Posture

Criminal Proceeding; Murder Trial by Jury / Procedural Ruling on Application for Accused to Sit Outside the Dock

Legal Issues

  1. 1 ['Whether the accused should be permitted to sit behind her counsel, away from the dock, throughout the murder trial.' "Whether the accused's bail status, good character, lack of security or flight risk, psychological issues and possible prejudice from the dock justified departing from the usual approach."]

Ratio Decidendi

The accused was not a child, did not suffer from a frank physical or intellectual disability, was in close proximity to her legal team, and no exceptional matter individually or in combination justified departure from the usual approach. The Court was not satisfied that the accused sitting in the dock in a traditional courtroom for a murder trial would significantly or unduly prejudice the jury against her, particularly in light of foreshadowed directions against prejudice. The application was therefore refused and the accused was requested to remain in the dock throughout the trial.

Court Disposition

Application refused; accused requested to sit in the dock throughout the whole of the trial.

Orders

  • ['Accused requested to sit in the dock throughout the whole of the trial.']