R v Rogerson; R v McNamara (No 8) [2015] NSWSC 1036

Supreme Court New South Wales

Medium Neutral Citation: R v Rogerson; R v McNamara (No 8) [2015] NSWSC 1036 Hearing dates: 28 July 2015 Date of orders: 28 July 2015 Decision date: 28 July 2015 Jurisdiction: Common Law Before: Bellew J Decision: See paragraph [21] Catchwords: CRIMINAL LAW – Practice and procedure – Opening address to jury by counsel for accused following the opening address of the Crown – Where counsel commented upon suggested submissions which might be made by counsel for co-accused – Where counsel made reference to material which was prejudicial to the co-accused – Discussion of limitations placed upon an opening address by counsel for an accused - Where counsel's address exceeded those limitations in a way which was prejudicial to the co-accused – Where application made by co-accused that the jury be discharged - Application granted – Jury discharged Legislation Cited: Criminal Procedure Act 1986 (NSW) Cases Cited: R v Gibb (1982) 7 A Crim R 385 R v MM [2004] NSW CCA 81 R v Oulds [2014] QCA 223 Category: Procedural and other rulings Parties: Regina - Crown Roger Caleb Rogerson - Accused Glen Patrick McNamara - Accused Representation: Counsel: Mr C Maxwell QC - Crown Mr G Thomas - Accused Rogerson Mr C Waterstreet - Accused McNamara

Solicitors: Director of Public Prosecutions - Crown Katsoolis and Co - Accused Rogerson Kings Law Group - Accused McNamara File Number(s): 2014/1574082014/156921 Publication restriction: Nil