Tootle v R [2017] NSWCCA 103
The directions to the jury encouraging them to formulate questions for witnesses and the process allowing those questions to be put altered the nature of the trial in a fundamental respect, thereby rendering it not a trial according to law and constituting a miscarriage of justice.
- Jurisdiction
- Australia
- Judgment Date
- 19 May 2017
- Procedural Posture
- Criminal Appeal / Appeal From Conviction
- Outcome
- Appeal allowed
- Legal Topics
- ['criminal Procedure' 'juries' 'directions to Juries' 'miscarriage of Justice' 'procedural Fairness']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Appeal From Conviction
Legal Issues
- 1 ["Whether trial judge's directions inviting jury to formulate questions for witnesses fundamentally altered the nature of the trial" 'Whether participation of the jury in an inquisitorial process constituted a miscarriage of justice' "Whether encouragement of jury questioning breached the bounds of the jury's role"]
Ratio Decidendi
The directions to the jury encouraging them to formulate questions for witnesses and the process allowing those questions to be put altered the nature of the trial in a fundamental respect, thereby rendering it not a trial according to law and constituting a miscarriage of justice.
Court Disposition
Appeal allowed
Orders
- ['Convictions quashed' 'There be a new trial']
Full Case Text
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