R v Cranston (No 22) [2022] NSWSC 1665

R v Cranston (No 22) [2022] NSWSC 1665

The Court would generally give the additional legal directions in Annexure A, with the agreed amendment to the direction concerning accused not giving evidence, would not delete paragraphs 2(c) and 2(d) of the solicitors' obligations direction because they were legally accurate and addressed an issue raised by Mr Menon's evidence, would delete the first sentence of paragraph 3 of that direction, and would reserve final decisions on some matters pending counsel's addresses and further submissions.

Jurisdiction
Australia
Judgment Date
06 December 2022
Procedural Posture
Criminal Trial / Procedural Ruling on Draft Legal Directions to Jury During Trial
Outcome
Additional legal directions proposed to be given in accordance with Annexure A, subject to further submissions before the summing up.
Legal Topics
['trial Directions' 'right to Silence on Arrest' 'accused Not Giving Evidence' 'motive and Intention' "solicitors' Obligations" 'jury Directions']
['criminal Procedure'] ['trial Directions' 'right to Silence on Arrest' 'accused Not Giving Evidence' 'motive and Intention' "solicitors' Obligations" 'jury Directions']

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Procedural Posture

Criminal Trial / Procedural Ruling on Draft Legal Directions to Jury During Trial

Legal Issues

  1. 1 ['Whether to give a jury direction about the right to silence on arrest where only Mr Menon was said to have exercised that right and counsel did not seek the highlighted direction.' 'Whether to amend the direction about accused not giving evidence and Mr Menon giving evidence by adding words proposed for Ms Lauren Cranston.' 'Whether the draft motive and intention direction should use the example concerning Mr Menon being motivated by fear of extorters in assisting payment of $25 million to Mr Chalabian or an earlier alleged extortion involving the Eleter family.' "Whether paragraphs of the draft direction concerning solicitors' obligations should be deleted or retained."]

Ratio Decidendi

The Court would generally give the additional legal directions in Annexure A, with the agreed amendment to the direction concerning accused not giving evidence, would not delete paragraphs 2(c) and 2(d) of the solicitors' obligations direction because they were legally accurate and addressed an issue raised by Mr Menon's evidence, would delete the first sentence of paragraph 3 of that direction, and would reserve final decisions on some matters pending counsel's addresses and further submissions.

Court Disposition

Additional legal directions proposed to be given in accordance with Annexure A, subject to further submissions before the summing up.

Orders

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