R v Scott (No 1) [2015] NSWSC 458

R v Scott (No 1) [2015] NSWSC 458

The jury would not be discharged because there was every chance the jury did not hear the reference to gaol; if any jurors did hear it, it had little significance in the context of the trial, and any prejudice was capable of being cured by directions about custodial status and by editing the transcript to remove the reference. The accused could still receive a fair trial.

Jurisdiction
Australia
Judgment Date
19 March 2015
Procedural Posture
Criminal Trial on Indictment Charging Murder / Accused's Application to Discharge the Jury During Trial
Outcome
Application to discharge jury refused.
Legal Topics
['application to Discharge Jury' 'witness Evidence' 'prejudicial Evidence' 'custodial Status of Accused' 'jury Directions']
['criminal Law' 'criminal Procedure'] ['application to Discharge Jury' 'witness Evidence' 'prejudicial Evidence' 'custodial Status of Accused' 'jury Directions']

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Procedural Posture

Criminal Trial on Indictment Charging Murder / Accused's Application to Discharge the Jury During Trial

Legal Issues

  1. 1 ['Whether the jury should be discharged after a witness gave an unresponsive answer referring to knowing the accused from "in and out of gaol a few times".' 'Whether any prejudice from the reference to gaol was incapable of cure by directions or other measures, such that the accused could not receive a fair trial.']

Ratio Decidendi

The jury would not be discharged because there was every chance the jury did not hear the reference to gaol; if any jurors did hear it, it had little significance in the context of the trial, and any prejudice was capable of being cured by directions about custodial status and by editing the transcript to remove the reference. The accused could still receive a fair trial.

Court Disposition

Application to discharge jury refused.

Orders

  • ['The jury was not discharged.']