Criminal Trial Courts Bench Book Update 77 published

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.