The provision of a written jury question trail to jurors to read in the jury room without oral directions, while not to be encouraged, does not necessarily constitute reversible error where the document is accurate, no complaint was made at trial, and there is no indication of comprehension difficulties. The existence of s 55B Jury Act 1977 (NSW) may limit the utility of older authorities requiring oral directions. Where the strength of appeal grounds is relied upon as part of a combination of factors for bail under s 22(1) Bail Act 2013, the question is whether the grounds are arguable or enjoy reasonable prospects of success, but where relied upon in isolation, the applicant must show more than arguability and may need to establish the appeal is most likely to succeed.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.