R v Cairney (No 17)

The case of R v Cairney (No 17) was heard by the court, where the defendant was accused of various criminal charges. The central issues before the court were questions regarding the fairness of evidence presented during the trial, specifically focusing on whether certain directions to the jury were necessary or not. The first issue revolved around whether the court should have provided further directions to the jury when it was revealed that a witness had viewed video evidence during the trial, and whether re-examination on that matter was conducted. The second issue concerned a cross-examination where the witness was asked questions about the state of mind of another person, and whether the court should have directed the jury to disregard a particular exchange between counsel and the witness.

In addressing these issues, the court considered the principles of fairness to a witness and the appropriateness of jury directions in light of the evidence presented. Regarding the first issue, the court noted that a direction had already been given to the jury about the practice of legal representatives conferring with witnesses, and found that no further direction was required. With respect to the second issue, the court observed that questions asked outside the rulings on cross-examination were objected to and the objection was upheld. The court also considered the direction given to the jury to disregard the exchange between counsel and the witness, and determined that no further direction was necessary in this case.

The court's decision was that no additional jury directions were required in either issue presented. The court found that the directions already given were sufficient to ensure a fair trial for the defendant. Consequently, the trial proceeded without any further directions being made to the jury on these matters.