R v Geoffrey William LEONARD (No 2) [2008] NSWDC 197

R v Geoffrey William LEONARD (No 2) [2008] NSWDC 197

In circumstances where the accused has not voluntarily absented himself but is absent due to illness and has no further role to play, it is permissible to take the jury's verdict to preserve the integrity of the verdict.

Jurisdiction
Australia
Judgment Date
04 September 2008
Procedural Posture
Criminal / Delivery of Jury Verdict
Outcome
Jury to deliver the verdict in the absence of the accused due to illness.
Legal Topics
['jury Verdict' 'absence of Accused' 'trial Procedure' "accused's Presence at Trial"]
['criminal Law'] ['jury Verdict' 'absence of Accused' 'trial Procedure' "accused's Presence at Trial"]

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Delivery of Jury Verdict

Legal Issues

  1. 1 ['Whether a jury verdict may be taken in the absence of the accused when the absence is not voluntary']

Ratio Decidendi

In circumstances where the accused has not voluntarily absented himself but is absent due to illness and has no further role to play, it is permissible to take the jury's verdict to preserve the integrity of the verdict.

Court Disposition

Jury to deliver the verdict in the absence of the accused due to illness.

Orders

  • ['The jury was directed to return and deliver its verdict.']