R v Hadchiti (No 2) [2013] NSWSC 1727

R v Hadchiti (No 2) [2013] NSWSC 1727

The Crown's proposed new basis, that the fatal wound may have been inflicted by someone assisting the accused, was not put to the jury in opening or in the case statement and was not the case the accused set out to meet. If pressed, it would unfairly prejudice the accused because acceptance of that basis would undermine his self-defence case.

Jurisdiction
Australia
Judgment Date
11 November 2013
Procedural Posture
Criminal Procedure Ruling / During Crown Closing Address / Summing Up
Outcome
The parties were required to consider how they wished to proceed, with the matter in the first instance for the Crown to determine.
Legal Topics
['procedure' 'final Address of Counsel for Crown' 'new Case Put Against Accused' 'prejudice to Accused' 'self Defence']
['criminal Law'] ['procedure' 'final Address of Counsel for Crown' 'new Case Put Against Accused' 'prejudice to Accused' 'self Defence']

Case Brief

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Procedural Posture

Criminal Procedure Ruling / During Crown Closing Address / Summing Up

Legal Issues

  1. 1 ['Whether the Crown could put to the jury in closing address a new basis that someone assisting the accused may have inflicted the fatal wound, when the case had been opened and conducted on the basis that the accused inflicted it.' 'Whether the change in the Crown case would cause unfair prejudice to the accused.']

Ratio Decidendi

The Crown's proposed new basis, that the fatal wound may have been inflicted by someone assisting the accused, was not put to the jury in opening or in the case statement and was not the case the accused set out to meet. If pressed, it would unfairly prejudice the accused because acceptance of that basis would undermine his self-defence case.

Court Disposition

The parties were required to consider how they wished to proceed, with the matter in the first instance for the Crown to determine.

Orders

  • []