R v Qaumi & Ors (No 66) [2016] NSWSC 1403

R v Qaumi & Ors (No 66) [2016] NSWSC 1403

Where the jury in a long and complex trial requests transcripts of counsels' addresses and the judge's summing up, the trial judge may exercise discretion to provide those transcripts, as this assists the jury in recalling and accurately considering the arguments and issues, especially given the volume and intricacy of evidence and submissions.

Parties
Prosecution: Regina; Accused: Farhad Qaumi; Accused: Mumtaz Qaumi; Accused: Jamil Qaumi; Accused: Mohammad Zarshoy; Accused: Mohammed Kalal
Jurisdiction
Australia
Judgment Date
04 October 2016
Procedural Posture
Criminal / Jury Deliberations; Procedural Ruling
Outcome
Transcripts of addresses and summing up provided to jury, after checking for errors.
Legal Topics
Jury Practice, Transcripts, Addresses and Summing Up, Discretion of Judge
Criminal Law Procedure Jury Practice Transcripts Addresses and Summing Up Discretion of Judge

Case Brief

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Parties

Regina

Prosecution

Farhad Qaumi

Accused

Mumtaz Qaumi

Accused

Jamil Qaumi

Accused

Mohammad Zarshoy

Accused

Mohammed Kalal

Accused

Procedural Posture

Criminal / Jury Deliberations; Procedural Ruling

Legal Issues

  1. 1 Whether transcripts of counsels' addresses and judge's summing up may be provided to the jury upon request in the absence of specific statutory provision.

Ratio Decidendi

Where the jury in a long and complex trial requests transcripts of counsels' addresses and the judge's summing up, the trial judge may exercise discretion to provide those transcripts, as this assists the jury in recalling and accurately considering the arguments and issues, especially given the volume and intricacy of evidence and submissions.

Court Disposition

Transcripts of addresses and summing up provided to jury, after checking for errors.

Orders

  • Transcripts of summing up and counsels' addresses to be supplied to jury after review by counsel and judge.