Regina v Townsend [1999] NSWCCA 294

Regina v Townsend [1999] NSWCCA 294

The trial judge failed to comply with the requirements for summarizing the defence case and presenting the issues of fact to the jury. Therefore, the conviction cannot stand, and a new trial should be ordered.

Parties
Respondent: Regina; Applicant: Donald Keith Townsend
Jurisdiction
Australia
Judgment Date
14 September 1999
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
appeal allowed
Legal Topics
Charge to Jury, Obligation to Summarize Case for Accused
Criminal Law Charge to Jury Obligation to Summarize Case for Accused

Case Brief

Summary, issues, holding and outcome

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Parties

Regina

Respondent

Donald Keith Townsend

Applicant

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge failed adequately or fairly to summarize the defence case to the jury

Ratio Decidendi

The trial judge failed to comply with the requirements for summarizing the defence case and presenting the issues of fact to the jury. Therefore, the conviction cannot stand, and a new trial should be ordered.

Court Disposition

appeal allowed

Orders

  • convictions and sentences quashed
  • new trial ordered upon convicted counts