R v Qaumi & Ors (No 29) [2016] NSWSC 569

R v Qaumi & Ors (No 29) [2016] NSWSC 569

The application was refused because any prejudice to Mohammed Kalal was doubtful and speculative, the questioning did not clearly identify him by name, the incident was minor in the context of a lengthy trial, the relevant questions were withdrawn and would be redacted from any transcript provided to the jury, and any potential prejudice was cured by the directions given to the jury.

Jurisdiction
Australia
Judgment Date
05 May 2016
Procedural Posture
Criminal Proceeding / Application for Discharge of Jury During Trial
Outcome
Application for discharge of jury refused.
Legal Topics
['application for Discharge of Jury' 'potentially Prejudicial Evidence' 'cross Examination' 'jury Directions' 'participating in a Criminal Group']
['criminal Law' 'criminal Procedure' 'evidence'] ['application for Discharge of Jury' 'potentially Prejudicial Evidence' 'cross Examination' 'jury Directions' 'participating in a Criminal Group']

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Procedural Posture

Criminal Proceeding / Application for Discharge of Jury During Trial

Legal Issues

  1. 1 ['Whether the jury should be discharged in respect of Mohammed Kalal because cross-examination elicited potentially prejudicial evidence referring to a person who had "got out of gaol" and was "like a stand over bloke sort of".' 'Whether any potential prejudice to Mohammed Kalal could be cured by directions to the jury.']

Ratio Decidendi

The application was refused because any prejudice to Mohammed Kalal was doubtful and speculative, the questioning did not clearly identify him by name, the incident was minor in the context of a lengthy trial, the relevant questions were withdrawn and would be redacted from any transcript provided to the jury, and any potential prejudice was cured by the directions given to the jury.

Court Disposition

Application for discharge of jury refused.

Orders

  • ['Application for discharge of jury in respect of Mohammed Kalal refused.']