R v Ambrosius (No 2) [2017] NSWSC 1846

R v Ambrosius (No 2) [2017] NSWSC 1846

Although the Court of Criminal Appeal authorities required the judge to treat s 55C of the Jury Act 1977 (NSW) as extending to transcripts of counsel's addresses and to recognise a discretion to provide them, the discretion should not be exercised in this case because the trial was short, the facts and issues were not complex, the relevant circumstantial case and defence response had been addressed in the closing addresses and summarised in the summing up, the jury had been invited to ask specific questions but had not done so, and the deliberations were already well advanced.

Jurisdiction
Australia
Judgment Date
21 November 2017
Procedural Posture
Criminal Trial Procedural Ruling / Jury Deliberations After Closing Addresses and Summing Up
Outcome
The jury's request for transcripts of counsel's closing addresses was refused.
Legal Topics
['transcript of Evidence' 'jury Requests During Deliberations' 'closing Addresses of Counsel' 'discretion to Provide Transcript to Jury' 'jury Act 1977 (nsw) S 55 C']
['criminal Law' 'evidence' 'jury Procedure'] ['transcript of Evidence' 'jury Requests During Deliberations' 'closing Addresses of Counsel' 'discretion to Provide Transcript to Jury' 'jury Act 1977 (nsw) S 55 C']

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Procedural Posture

Criminal Trial Procedural Ruling / Jury Deliberations After Closing Addresses and Summing Up

Legal Issues

  1. 1 ['Whether the word "evidence" in s 55C of the Jury Act 1977 (NSW) extends to transcripts of counsel\'s opening or closing addresses.' "Whether it was appropriate in the circumstances to provide the jury with transcripts of counsel's closing addresses."]

Ratio Decidendi

Although the Court of Criminal Appeal authorities required the judge to treat s 55C of the Jury Act 1977 (NSW) as extending to transcripts of counsel's addresses and to recognise a discretion to provide them, the discretion should not be exercised in this case because the trial was short, the facts and issues were not complex, the relevant circumstantial case and defence response had been addressed in the closing addresses and summarised in the summing up, the jury had been invited to ask specific questions but had not done so, and the deliberations were already well advanced.

Court Disposition

The jury's request for transcripts of counsel's closing addresses was refused.

Orders

  • ['It is not appropriate for the transcript of closing addresses of counsel to be supplied to the jury.' "The judge declined to exercise the discretion to make the transcript of counsel's arguments available to the jury."]