Publications news
Criminal Trial Courts Bench Book Update 77 published
![Criminal Trial Courts Bench Book front cover](https://server.judcom.nsw.gov.au/sites/default/files/2024-05/front_cover_1.jpg)
19 June 2024
Update 77
Update 77 amends the Criminal Trial Courts Bench Book to incorporate recent case law and legislative developments. The following chapters have been revised:
Outline of trial procedure
- The chapter at [1-005]ff has been revised to update commentary on arraignment, pronunciation and forms of address, and directions.
Closed court and non-publication orders
- [1-359] Self-executing prohibition of publication provisions to add reference to R v IP [2024] NSWCCA 15 regarding s 15A Children (Criminal Proceedings) Act 1987 and the publication of children’s names in criminal proceedings.
Consciousness of guilt, lies and flight
- [2-953] Alternative charges and included offences to add reference to Quinn v R [2023] NSWCCA 229 regarding the relevance of post offence conduct to negative a defence.
- [2-955] Lies to add reference to MM v R [2023] NSWCCA 236 regarding whether a Zoneff direction was required where the prosecutor raised consciousness of guilt reasoning in the closing address.
Bribery
- [5-5220] Notes to the suggested direction at [5-5210] to add reference to R v AB [2023] NSWCCA 168, R v Dougas (No 4) [2022] NSWSC 51 and Macdonald v R [2023] NSWCCA 250 regarding construal of Criminal Code (Cth) provisions about bribery of public officials and the elements of bribery at common law.
Dangerous driving
- [5-5410] Dangerous driving to add reference to Haynes v R [2024] NSWCCA 12 regarding the meaning of dangerous driving, and El Seidi v R [2021] NSWCCA 303 about appropriate directions where involuntariness is an issue.
Duress
- [6-170] Notes to add reference to The King v Anna Rowan – A Pseudonym [2024] HCA 9 regarding what constitutes “threat” for duress at common law.
Criminal Code Act 1995 (Cth) and Schedule thereto entitled the Criminal Code
- [11-010] Case references to update commentary on the offence of conspiracy in s 11.5 Criminal Code.