R v Tembeleski [2024] NSWDC 503

R v Tembeleski [2024] NSWDC 503

Given the forensic decisions of both Crown and Defence not to seek jury instruction as to further alternative verdicts under s 115A and the current state of evidence at this early trial stage, there is no requirement at this time to direct the jury as to further alternatives—though this may be revisited as the trial proceeds.

Parties
Crown: Rex; Accused: Jason Tembeleski
Jurisdiction
Australia
Judgment Date
10 October 2024
Procedural Posture
Criminal / Trial—procedural Ruling on Jury Directions (application of S 115 A)
Outcome
No instruction will be given to the jury at this time as to further alternative counts under s 115A.
Legal Topics
Trial Procedure, Alternative Verdicts, Directions to Jury
Criminal Law Trial Procedure Alternative Verdicts Directions to Jury

Case Brief

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Parties

Rex

Crown

Jason Tembeleski

Accused

Procedural Posture

Criminal / Trial—procedural Ruling on Jury Directions (application of S 115 A)

Legal Issues

  1. 1 Should the jury be instructed as to further alternative verdicts under s 115A Crimes Act 1900 (NSW) at this stage of the trial?

Ratio Decidendi

Given the forensic decisions of both Crown and Defence not to seek jury instruction as to further alternative verdicts under s 115A and the current state of evidence at this early trial stage, there is no requirement at this time to direct the jury as to further alternatives—though this may be revisited as the trial proceeds.

Court Disposition

No instruction will be given to the jury at this time as to further alternative counts under s 115A.

Orders

  • I do not give the jury any instruction as to further alternative counts as would be available under s 115A in other circumstances at this time.