R v LN; R v AW (No. 11) [2017] NSWSC 1430

Supreme Court New South Wales

Medium Neutral Citation: R v LN; R v AW (No. 11) [2017] NSWSC 1430 Hearing dates: 11-12 April 2017 Date of orders: 12 April 2017 Decision date: 20 October 2017 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: Publication of reasons for rulings on applications for further directions at conclusion of summing-up Catchwords: CRIMINAL LAW - murder trial – applications for further directions at conclusion of summing-up – publication of reasons for rulings Legislation Cited: --- Cases Cited: Burns v The Queen (1975) 132 CLR 258; [1975] HCA 21 EM v The Queen (2007) 232 CLR 67; [2007] HCA 46 R v LN; R v AW (No. 1) [2017] NSWSC 119 R v LN; R v AW (No. 9) [2017] NSWSC 376 Texts Cited: --- Category: Procedural and other rulings Parties: Regina (Crown) LN (Accused) AW (Accused) Representation: Counsel: Ms MM Cunneen SC (Crown) Mr EW Wilson SC (LN) Ms A Moen (AW)

Solicitors: Director of Public Prosecutions (Crown) Legal Aid NSW (LN) Matouk Joyner Lawyers (AW) File Number(s): 2014/271972 (LN)2014/274229 (AW) Publication restriction: ---

Judgment 1. JOHNSON J: This judgment contains my reasons with respect to applications made by counsel for each Accused for redirections at the conclusion of my summing-up, in particular where the application was refused (SU223). It also recounts questions from the jury during deliberations and the course taken by the Court in that respect. 2. The Accused, LN and AW, stood trial for the murder of a three-year old child, Joseph or Joey, who was the son of LN and the stepson of AW. The way in which the Crown put its case against each Accused was summarised in R v LN; R v AW (No. 1) [2017] NSWSC 119 at [5]-[55] and in R v LN; R v AW (No. 9) [2017] NSWSC 376.