R v Botrus (No 5) [2020] NSWSC 1642

R v Botrus (No 5) [2020] NSWSC 1642

The reasons in R v Botrus (No 4) [2020] NSWSC 1449 were varied because an administrative error caused the omission of an intended fourth reason for refusing the further alternative direction sought by the accused, namely that the direction would be unnecessary and confusing in the context of the case.

Jurisdiction
Australia
Judgment Date
20 October 2020
Procedural Posture
Common Law Criminal / Adjustment to Judgment Following Ruling During Trial
Outcome
The Court refused, on 16 September 2020, to make the primary, alternative or further alternative direction sought by the accused; the reasons for judgment in R v Botrus (No 4) [2020] NSWSC 1449 were varied to add the omitted reason.
Legal Topics
['adjustment to Judgment' 'directions Sought by Accused']
['criminal Law'] ['adjustment to Judgment' 'directions Sought by Accused']

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Procedural Posture

Common Law Criminal / Adjustment to Judgment Following Ruling During Trial

Legal Issues

  1. 1 ['Whether the published reasons in R v Botrus (No 4) [2020] NSWSC 1449 should be varied to include an omitted fourth reason concerning the further alternative direction sought by the accused.']

Ratio Decidendi

The reasons in R v Botrus (No 4) [2020] NSWSC 1449 were varied because an administrative error caused the omission of an intended fourth reason for refusing the further alternative direction sought by the accused, namely that the direction would be unnecessary and confusing in the context of the case.

Court Disposition

The Court refused, on 16 September 2020, to make the primary, alternative or further alternative direction sought by the accused; the reasons for judgment in R v Botrus (No 4) [2020] NSWSC 1449 were varied to add the omitted reason.

Orders

  • ['The reasons for judgment in R v Botrus (No 4) [2020] NSWSC 1449 are varied by adding the omitted fourth reason at [51].' 'The final paragraph of the judgment shall still be introduced by the word "Lastly".']