Publications news
Criminal Trial Courts Bench Book December 2024 update
13 December 2024
Update 79
Update 79 amends the Criminal Trial Courts Bench Book to incorporate recent case law and legislation. The following chapters have been revised:
Accusatory statements in the presence of the accused
- [2-000] Introduction to add reference to R v KS (No 2) [2023] NSWSC 1475 regarding the application of s 90 Evidence Act 1995 (discretion to exclude admissions) with respect to young people.
Character
- [2-350] Introduction to add reference to Barwick v R [2023] NSWCCA 139 regarding the requirement, when a judge is giving a good character direction where the accused has given evidence, to also direct a jury to consider the accused’s credibility in determining whether to accept or reject the accused’s account.
Identification evidence — visual forms
- [3-010] Terminology to add reference to Marco v R [2023] NSWCCA 307 regarding the inclusion of recognition evidence within the scope of identification evidence.
Onus and standard of proof
- [3-603] Notes to suggested directions to add reference to AKB v R [2024] NSWCCA 169 regarding “extended jury unanimity” and where such a direction is required.
Cross-examination concerning prior sexual history of complainants
- [5-110] The exclusions in s 294CB(4) to add reference to Cook (a pseudonym) v The King [2024] HCA 26 regarding the distinction between evidence of a complainant’s sexual experience and evidence of a complainant’s sexual activity, at the time of the offence (s 294CB(4)(a)(i) Criminal Procedure Act 1986), and Behi v R [2024] NSWCCA 89 regarding the restriction imposed by s 294CB(4)(a)(ii) that events — to form part of the “connected set of circumstances in which” the alleged sexual offence was committed — are confined to near-contemporaneous events.
Expert evidence — specialised knowledge of child behaviour
- [5-310] Notes to add reference to BQ v The King [2024] HCA 29 regarding the relevance of expert evidence about the behaviour of children subject to sexual abuse, including with respect to complainants’ credibility and contextualising their responses.
Sexual intercourse without consent — until 31 May 2022
- [5-800]ff to reformat the suggested directions throughout.
Sexual intercourse without consent — from 1 June 2022
- [5-900]ff to reformat the suggested directions throughout.
Appendix A: Table — NSW and Commonwealth sexual offence provisions
- [5-1300] Table — NSW and Commonwealth sexual offence provisions to update the Table to provide information on the following sexual offence provisions in the Criminal Code Act 1995 (Cth) relating to the use of telecommunications to transmit sexual material: ss 474.17A, 474.17A(1) (rep), 474.17A(4) (rep), 474.17AA(1), 474.17AA(5).
Dangerous driving
- [5-5410] Dangerous driving to add reference to Omigie v R [2024] NSWCCA 205 regarding causation generally, and in circumstances where the extended definition of “involved in an impact” applies (s 52A(6) Crimes Act 1900), and Irvin v R [2024] NSWCCA 70 regarding burden of proof where the applicant relied on the defence under s 52A(8) that the impact causing death was not in any way attributable to his intoxication.
Larceny
- The chapter at [5-6100]ff has been substantially revised and updated, including with respect to the suggested direction for special verdicts under s 121 Crimes Act 1900 regarding larceny and receiving charges.
Self-defence