R v Weston [2017] NSWSC 1383

R v Weston [2017] NSWSC 1383

The application was refused because the publicity was not directly connected with the accused, any prejudice arising from association with the Rebels was capable of being addressed by directions, any prejudice as to believability would also affect a witness against the accused, and similar internet material would be accessible to any future jury.

Jurisdiction
Australia
Judgment Date
16 February 2017
Procedural Posture
Criminal Proceeding / Application to Discharge the Jury
Outcome
Application to discharge the jury refused.
Legal Topics
['application to Discharge Jury' 'prejudicial Publicity' 'bikie Gang Publicity' 'jury Directions']
['criminal Procedure' 'criminal Law'] ['application to Discharge Jury' 'prejudicial Publicity' 'bikie Gang Publicity' 'jury Directions']

Case Brief

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Procedural Posture

Criminal Proceeding / Application to Discharge the Jury

Legal Issues

  1. 1 ['Whether publicity about bikie violence and the Rebels Motorcycle Gang created prejudice to the accused that was incapable of being realistically overcome by directions.' 'Whether the jury should be discharged because of media publicity not directly related to the offences before the Court.']

Ratio Decidendi

The application was refused because the publicity was not directly connected with the accused, any prejudice arising from association with the Rebels was capable of being addressed by directions, any prejudice as to believability would also affect a witness against the accused, and similar internet material would be accessible to any future jury.

Court Disposition

Application to discharge the jury refused.

Orders

  • ['Application to discharge the jury refused.']