Evidence – Criminal law - Portions of "walk through" video tendered by defence at trial - Prosecution objected to tender of whole video - In closing prosecutor invited jury to draw adverse inferences from portions played - Trial judge refused to allow defence to re-open case to tender whole of video - Whether re- opening ought to have been allowed - Whether a direction to the jury was required to overcome prejudicial effects of the prosecutor's invitation.
Criminal law – Practice and procedure - Directions to jury - Distinction between directions and comments - Whether trial judge's statements in summing up amounted to a direction.
Evidence – Criminal law - Duty of prosecutor to tender all inculpatory statements - Whether prosecutor obliged to tender "walk through" video in whole or in part.
Evidence – Criminal law - Evidence of blood stains in pocket - Whether accused had had opportunity to respond to blood-stain allegation - Whether judge's direction to the jury on this point was sufficient.
Evidence – Criminal law - Evidence of blood stains in pocket not put to prosecution witnesses but mentioned by prosecutor in closing - Whether judge required to give a Jones v Dunkel direction.
Criminal Appeal Act 2004 (WA) – s 30.
Judgment date
Case number
P39/2007
Before
Gleeson CJ, Gummow, Kirby, Hayne, Kiefel JJ
Catchwords