66Trial judge required to identify only evidence necessary for determination of issues

66 Trial judge required to identify only evidence necessary for determination of issues

(1) The trial judge is required to identify only so much of the evidence given in the trial as is necessary to assist the jury to determine the issues in the trial.

(2) In determining whether and if so to what extent identification of evidence is necessary under subsection (1), the trial judge must have regard to—

(a) the facts in issue; and

(b) the complexity of the facts in issue; and

(c) the length of the trial; and

(d) the complexity of the evidence; and

(e) the submissions and addresses of the prosecution and the accused; and

(f) any reference to the way in which the prosecution and the accused have put their cases in relation to the issues in the trial; and

See section 65(b).

(g) any special needs or disadvantages of the jury in understanding or recalling the evidence; and

(h) any transcript of the evidence in the trial or any other document provided to assist the jury to understand the evidence.

Section 223 of the Criminal Procedure Act 2009 provides for the trial judge to give the transcript of the evidence in the trial and certain other documents to the jury for the purpose of helping the jury to understand the issues or the evidence.

(3) In addition to the requirements of subsection (2), the trial judge may have regard to any other matter that he or she considers appropriate.