R v Sood (Ruling No 3) [2006] NSWSC 762

R v Sood (Ruling No 3) [2006] NSWSC 762

Crown permitted to provide written legal outline during opening; objective test of proportionality is applicable under s83; duty of care arises upon birth of child; Crown allowed to proceed on manslaughter by criminal negligence; Crown granted leave to cross-examine prosecution witnesses as unfavourable; evidence of medical practitioner as to whether baby was born alive excised as outside expertise; Health Care Complaints Commission report not admissible; evidence of lies and fabrication of notes may be submitted to jury as consciousness of guilt; conduct of counsel not available for inference of consciousness of guilt; trial proceeds with jury of eleven after discharge of juror for...

Jurisdiction
Australia
Judgment Date
15 September 2006
Procedural Posture
Criminal / Pre Trial and Interlocutory Rulings During Trial
Outcome
Pre-trial and interlocutory rulings granted/denied as stated; trial proceeds with eleven jurors.
Legal Topics
['unlawful Administration and Supply of Drug to Procure Miscarriage' 'manslaughter' 'jury Procedure' 'evidence Rulings' 'consciousness of Guilt' 'duty of Care to Child Once Born Alive']
['criminal Law'] ['unlawful Administration and Supply of Drug to Procure Miscarriage' 'manslaughter' 'jury Procedure' 'evidence Rulings' 'consciousness of Guilt' 'duty of Care to Child Once Born Alive']

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Procedural Posture

Criminal / Pre Trial and Interlocutory Rulings During Trial

Legal Issues

  1. 1 ['Whether the Crown may provide written outline of law to jury during opening' "Construction of 'unlawfully' under Crimes Act 1900 s83" 'Objective or subjective test of proportionality in s83' 'Whether Crown can proceed on manslaughter by criminal negligence' 'Duty of care owed to child born alive' 'Permissibility of the Crown cross-examining prosecution witnesses' 'Admissibility and expertise of medical opinion evidence' 'Admissibility of Health Care Complaints Commission report' 'Evidence as consciousness of guilt' 'Discharge of juror on medical grounds']

Ratio Decidendi

Crown permitted to provide written legal outline during opening; objective test of proportionality is applicable under s83; duty of care arises upon birth of child; Crown allowed to proceed on manslaughter by criminal negligence; Crown granted leave to cross-examine prosecution witnesses as unfavourable; evidence of medical practitioner as to whether baby was born alive excised as outside expertise; Health Care Complaints Commission report not admissible; evidence of lies and fabrication of notes may be submitted to jury as consciousness of guilt; conduct of counsel not available for inference of consciousness of guilt; trial proceeds with jury of eleven after discharge of juror for...

Court Disposition

Pre-trial and interlocutory rulings granted/denied as stated; trial proceeds with eleven jurors.

Orders

  • ['Crown permitted to provide written outline of law during opening to jury.' "Test of proportionality in 'unlawful' act is objective." 'Crown permitted to proceed on manslaughter by criminal negligence.' 'Leave granted to Crown to question prosecution witnesses as though cross-examining under s38 Evidence Act.'...