R v BB (No 5) [2019] NSWSC 1393

Supreme Court New South Wales

Medium Neutral Citation: R v BB (No 5) [2019] NSWSC 1393 Hearing dates: 26 – 30 August, 03 – 06, 09 – 11, 13, 16 – 20, 23 – 27 September, 02 – 03 October 2019 Date of orders: 03 October 2019 Decision date: 03 October 2019 Jurisdiction: Common Law - Criminal Before: Rothman J Decision: (1) The transcript of the closing addresses be provided to the jury; (2) The transcript of the summing-up not be provided. Catchwords: CRIMINAL PROCEDURE – Jury request for transcript of opening and closing addresses and summing-up – discussion of Jury Act provisions and implied powers – each counsel submitted that the summing-up should not go before the jury, but closing addresses should – Court did not provide opening addresses, nor summing-up, but provided closing addresses of each counsel Legislation Cited: Criminal Code (Cth) Criminal Procedure Act 1986 (NSW) Jury Act 1977 (NSW) Supreme Court Act 1970 (NSW) Cases Cited: R v Bartle (2003) 181 FLR 1; [2003] NSWCCA 329 R v Sukkar [2005] NSWCCA 54 R v Taousanis [1999] NSWSC 107 Category: Procedural rulings Parties: Regina (Crown) BB (a pseudonym) (Accused) Representation: Counsel: M McHugh SC / A McGrath (Crown) S Pararajasingham (Accused)

Solicitors: Director of Public Prosecutions (Cth) (Crown) Musgrave Legal (Accused) File Number(s): 2016/321930 Publication restriction: Suppression orders made under s 7(1) of the Court Suppression and NPO Act 2010 (NSW)