R v HAOUI [2007] NSWDC 6

New South Wales District Court

CITATION: R v HAOUI [2007] NSWDC 6

HEARING DATE(S): 30/01/2007 - 02/02/2007

JUDGMENT DATE: 1 February 2007

EX TEMPORE JUDGMENT DATE : 1 February 2007

JURISDICTION: Criminal

JUDGMENT OF: Berman SC DCJ

DECISION: See paragraph [10]

CATCHWORDS: Criminal Trial - Judgment - Supply of Transcript to Jury

LEGISLATION CITED: Jury Act

PARTIES: Crown Joseph Robert HAOUI

FILE NUMBER(S): 04/11/1278

P. Leask (Crown) COUNSEL: D. Campbell SC (Accused) P.G. Bolster

SOLICITORS: NSW DPP Slattery Jurd & Co

JUDGMENT

1 HIS HONOUR: This morning, after one of the breaks involving the jury leaving the courtroom, I was given a message from the jury. It reads "1 x a juror requesting transcripts please". The matter was deferred until matters could be looked at over lunch.

2 Mr Campbell for his client maintains that I should not accede to the request of the juror, and that I should not provide transcripts to the juror either now or at any stage of the trial. It is his submission that things in this trial should take place in his client's presence. A juror's review of the transcript would not take place in his client's presence which he says breaches the requirements of a proper trial. He also submits that because this is a short trial there is no utility in providing transcripts to the jury and indeed there is the risk that jurors will focus on the transcript rather than their recollection of the evidence.

3 I find it puzzling in this day and age that jurors are not provided automatically with daily transcripts of what they have just heard. Even in a short trial where the facts are in a narrow compass such as this, jurors will no doubt find themselves in the position where they are unable to recall precisely what the evidence was on a particular issue. This is moreso the case where they, unlike the parties, do not know in advance the nuances of the various aspects of the evidence.