R v McKnight (No. 2) [2014] NSWSC 557

R v McKnight (No. 2) [2014] NSWSC 557

It is appropriate to give a Mule v The Queen direction regarding the histories received by Doctors Allnutt and Nielssen, but not to give the more expansive s165 warning sought by the Crown. The distinction among the three categories of accounts given by the accused affects the degree of reliability and the delicacy required in directing the jury, while maintaining the accused's right to silence.

Jurisdiction
Australia
Judgment Date
05 May 2014
Procedural Posture
Criminal / Interlocutory Application
Outcome
Mule v The Queen direction to be given as formulated by Senior Counsel for the Crown
Legal Topics
['direction' 'warning as to Reliability of Evidence' 'right to Silence' 'mule Direction']
['criminal Law'] ['direction' 'warning as to Reliability of Evidence' 'right to Silence' 'mule Direction']

Case Brief

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Procedural Posture

Criminal / Interlocutory Application

Legal Issues

  1. 1 ['Whether a Mule v The Queen direction is appropriate regarding the reliability of accounts given by the accused to medico-legal specialists' 'Whether a more expansive s165 warning under the Evidence Act 1995 (NSW) should be given in relation to different categories of statements made by the accused']

Ratio Decidendi

It is appropriate to give a Mule v The Queen direction regarding the histories received by Doctors Allnutt and Nielssen, but not to give the more expansive s165 warning sought by the Crown. The distinction among the three categories of accounts given by the accused affects the degree of reliability and the delicacy required in directing the jury, while maintaining the accused's right to silence.

Court Disposition

Mule v The Queen direction to be given as formulated by Senior Counsel for the Crown

Orders

  • ['A Mule v The Queen direction will be given in relation to the histories received by Doctors Allnutt and Nielssen']