R v Perish; R v Lawton; R v Perish [2011] NSWSC 1155

R v Perish; R v Lawton; R v Perish [2011] NSWSC 1155

It was appropriate and practical to meet the jury's request because the jury had been directed that the Crown opening was not evidence but only an outline of what the Crown expected the evidence would establish, there was nothing to suggest the jury would not follow that direction, and consistency supported providing requested transcripts of parts of the proceedings conducted before the jury.

Jurisdiction
Australia
Judgment Date
18 July 2011
Procedural Posture
Criminal Jury Trial / Procedural Ruling on Jury Request for Transcript of Opening Statements
Outcome
Jury's request granted.
Legal Topics
['jury Trial' 'jury Request for Transcript' 'opening Addresses' 'opening Statements' 'judicial Discretion']
['criminal Law' 'criminal Procedure'] ['jury Trial' 'jury Request for Transcript' 'opening Addresses' 'opening Statements' 'judicial Discretion']

Case Brief

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Procedural Posture

Criminal Jury Trial / Procedural Ruling on Jury Request for Transcript of Opening Statements

Legal Issues

  1. 1 ['Whether the jury should be supplied with a copy of the transcript of the opening statements of Crown and defence.' 'Whether there was a real risk that the jury would misuse the Crown opening address as evidence.' 'Whether the jury should be informed of the limits imposed by s 159 of the Criminal Procedure Act 1986 upon an opening statement made for an accused.']

Ratio Decidendi

It was appropriate and practical to meet the jury's request because the jury had been directed that the Crown opening was not evidence but only an outline of what the Crown expected the evidence would establish, there was nothing to suggest the jury would not follow that direction, and consistency supported providing requested transcripts of parts of the proceedings conducted before the jury.

Court Disposition

Jury's request granted.

Orders

  • ["The jury's request to have a copy of the transcript of the opening statements of Crown and defence was granted." 'The judge stated that he would expand upon the explanation of the defence openings when copies of the transcript were given to the jury.']