R v Al Batat & Ors (No 33) [2021] NSWSC 340

R v Al Batat & Ors (No 33) [2021] NSWSC 340

Because the trial was lengthy and complex, involved six accused and multiple counts, had a very large body of evidence, and the closing addresses were careful, detailed and dense with references to evidence and exhibits, the factors favouring provision of transcripts were compelling. To avoid imbalance and promote fairness, the jury should receive the transcripts of all closing addresses, subject to minor amendments and clear directions that addresses are not evidence and must be cross-checked against the evidence.

Jurisdiction
Australia
Judgment Date
09 April 2021
Procedural Posture
Criminal Trial Procedural Ruling / Jury Deliberations Request for Transcripts of Closing Addresses
Outcome
Jury provided with transcripts of closing addresses subject to minor amendments.
Legal Topics
['jury Request for Transcripts' 'closing Addresses' 'trial Judge Discretion' 'jury Act 1977 (nsw), S 55 C' 'complex Criminal Trial']
['criminal Law' 'criminal Procedure'] ['jury Request for Transcripts' 'closing Addresses' 'trial Judge Discretion' 'jury Act 1977 (nsw), S 55 C' 'complex Criminal Trial']

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Procedural Posture

Criminal Trial Procedural Ruling / Jury Deliberations Request for Transcripts of Closing Addresses

Legal Issues

  1. 1 ["Whether the trial judge should comply with the jury's request for transcripts of the Crown Prosecutor's and Ms Rigg's closing addresses." 'Whether, in the interests of balance and fairness, the jury should also receive the closing addresses made on behalf of the other accused.' 'Whether minor amendments and directions should accompany provision of the transcripts.']

Ratio Decidendi

Because the trial was lengthy and complex, involved six accused and multiple counts, had a very large body of evidence, and the closing addresses were careful, detailed and dense with references to evidence and exhibits, the factors favouring provision of transcripts were compelling. To avoid imbalance and promote fairness, the jury should receive the transcripts of all closing addresses, subject to minor amendments and clear directions that addresses are not evidence and must be cross-checked against the evidence.

Court Disposition

Jury provided with transcripts of closing addresses subject to minor amendments.

Orders

  • ["The jury's request for transcripts of the Prosecutor's and Ms Rigg's closing addresses was acceded to." 'In the interests of balance and fairness, the jury was also provided with the addresses of the barristers for the other accused.' "Minor amendments were made to Ms Carroll's closing address, including removal...