Bourke (a pseudonym) v R [2021] NSWCCA 145

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Bourke (a pseudonym) v R [2021] NSWCCA 145 Hearing dates: 19 May 2021; On the papers Date of orders: 07 July 2021 Decision date: 07 July 2021 Before: Garling J at [1] Beech-Jones J at [49] N Adams J at [50] Decision: (1) Grant leave to the applicant to appeal. (2) Quash convictions on Counts 1 to 11 of the Indictment dated 16 September 2019. (3) Quash the other convictions entered on 19 September 2019. (4) Quash the aggregate sentence imposed by Colefax SC DCJ on 14 February 2020. (5) Order a re-trial of the appellant. (6) List the proceedings in the District Court of NSW on Friday 16 July 2021. Catchwords: CRIME – appeals – appeal against conviction – trial by jury – directions to Jury – where the jury was provided with a written document in the form of question trails – where the written document was not spoken to by the trial Judge – necessity for oral directions – written directions do not substitute the need and requirement of oral directions Legislation Cited: Crimes (Domestic and Personal Violence) Act 2007 Crimes Act 1900 Criminal Procedure Act 1986 Cases Cited: R v Bourke (a pseudonym) [2020] NSWDC 10 Trevascus v R [2021] NSWCCA 104 Texts Cited: Not Applicable Category: Principal judgment Parties: The Crown Bourke (a pseudonym) Representation: Counsel: S Kluss (Applicant) M Kumar (Respondent)