R v Heggie [2004] NSWSC 723

New South Wales Supreme Court

CITATION : R v Heggie [2004] NSWSC 723 HEARING DATE(S) : 21/06/2004 - 26/06/04, 28/06/04 - 02/06/04 JUDGMENT DATE : 1 July 2004

JUDGMENT OF : Dowd J at 1 DECISION : n/a

CATCHWORDS : Summing up - murder/ manslaughter - defence of another person PARTIES : Crown Brian Jason Heggie FILE NUMBER(S) : SC 070120/03 COUNSEL : Crown: Mr P Lynch Defence: Mr B Stewart SOLICITORS : Crown: Ms S Vitomir Defence: Ms S George

- 33 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

DOWD J

Thursday, 1 July 2004 Friday, 2 July 2004

070120/03 REGINA v BRIAN JASON HEGGIE

SUMMING UP 1 DOWD J: Members of the jury, at this stage of the trial it is my duty to sum up the case, and as part of that summing up, to give you directions about the law so far as you need to know in order for you to carry out your function. The Court will continue to sit during normal hours but I intend to break the summing up after a period, firstly, because I think it is hard to concentrate on what I have been saying for too long a time, and secondly, to give counsel an opportunity to make submissions to me about anything I have said. They might want to put something to me about how I should frame my summing up, or they might want me to put something differently or put some additional matter to you having regard to what I have said to you up to that point. If I agree with such a request, I will do so.

2 I take this opportunity of reminding you at this stage that at all times you are free to ask any questions about these legal directions that I am giving you, if you have any difficulty with them. You can ask questions as often as you like and ask any questions you wish to with regard to both the legal directions and any questions of fact.