R v Alex & Ors (Trial Ruling No 7) [2024] NSWSC 1137

R v Alex & Ors (Trial Ruling No 7) [2024] NSWSC 1137

There was no occasion to redirect the jury or withdraw remarks made in summing-up where the matters pointed out corrected misstatements by defence counsel, the accused had opportunity to respond, and no unfairness resulted. The application for redirection was refused.

Parties
Prosecution: Rex; Accused: George Alex; Accused: Lindsay Kirschberg; Accused: Gordon McAndrew; Accused: Pasquale Loccisano; Accused: Mark Bryers; Accused: Arthur Alex
Jurisdiction
Australia
Judgment Date
24 October 2024
Procedural Posture
Criminal / Trial Ruling (ruling on Application for Redirection After Summing Up, Prior to Jury Verdict)
Outcome
Application for redirection refused.
Legal Topics
Procedural Fairness, Jury Directions, Sham Agreements, Payroll Services Agreements
Criminal Law Procedural Fairness Jury Directions Sham Agreements Payroll Services Agreements

Case Brief

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Parties

Rex

Prosecution

George Alex

Accused

Lindsay Kirschberg

Accused

Gordon McAndrew

Accused

Pasquale Loccisano

Accused

Mark Bryers

Accused

Arthur Alex

Accused

Procedural Posture

Criminal / Trial Ruling (ruling on Application for Redirection After Summing Up, Prior to Jury Verdict)

Legal Issues

  1. 1 Whether the summing up to the jury involved unfairness by referencing evidence not addressed by the Crown
  2. 2 Whether the accused were denied procedural fairness by not having the opportunity to respond to specific evidence relied upon in summing up
  3. 3 Whether a redirection to the jury was warranted regarding reference to invoices and payroll services agreements

Ratio Decidendi

There was no occasion to redirect the jury or withdraw remarks made in summing-up where the matters pointed out corrected misstatements by defence counsel, the accused had opportunity to respond, and no unfairness resulted. The application for redirection was refused.

Court Disposition

Application for redirection refused.

Orders

  • Application for redirection refused.