R v Bloodsworth; R v Errington (No 4) [2017] NSWSC 1485

Supreme Court New South Wales

Medium Neutral Citation: R v Bloodsworth; R v Errington (No 4) [2017] NSWSC 1485 Hearing dates: 25 October 2017 Date of orders: 25 October 2017 Decision date: 25 October 2017 Before: Adamson J Decision: Refusal to give the direction sought on behalf of the accused Bloodsworth Catchwords: CRIMINAL PRACTICE – trial – request by one accused for direction that jury bound to acquit if not satisfied of joint criminal enterprise – potential unfairness to other accused

EVIDENCE – criminal trial – inadmissibility of admissions by one accused in case of other co-accused – need to maintain distinction at all times by clear directions – direction sought would tend to undermine distinction – application for direction refused Legislation Cited: Evidence Act 1995 (NSW), s 83 Cases Cited: Osland v The Queen (1998) 197 CLR 316; [1998] HCA 75 R v Tangye (1997) 92 A Crim R 545 Sio v The Queen (2016) 259 CLR 47; [2016] HCA 32 Category: Procedural and other rulings Parties: Regina Rhiannon Lisa Bloodsworth (Accused) Trent Errington (Accused) Representation: Counsel: M Hobart SC (Crown) D Price (Accused Bloodsworth) D Carroll (Accused Errington)

Solicitors: Solicitor for Director of Public Prosecutions (Crown) PJM Lawyers (Accused Bloodsworth) Sydney Criminal & Traffic Lawyers (Accused Errington) File Number(s): 2015/255218; 2015/254857