R v Mitchison; R v Wells; R v Whelan (No 2) [2016] NSWSC 464

R v Mitchison; R v Wells; R v Whelan (No 2) [2016] NSWSC 464

The Court was not satisfied that the evidence of Ms Anderson caused unfair prejudice requiring discharge of the jury for Mr Mitchison or Mr Whelan. In light of the evidence from other persons present, there was no reason to think the jury would speculate that Ms Morris saw Mr Mitchison do something beyond what others described; Ms Anderson accepted that Ms Morris had not expressly said she would lie and that this was her interpretation; and the alleged broader plan to exculpate Mr Mitchison and Mr Whelan at Ms Wells' expense was supported only by limited telephone contact and otherwise amounted to speculation.

Jurisdiction
Australia
Judgment Date
07 April 2016
Procedural Posture
Criminal Law Practice and Procedure; Application for Discharge of the Jury in a Joint Trial / Procedural Ruling During Trial
Outcome
Applications for the jury to be discharged refused.
Legal Topics
['application to Discharge Jury' 'joint Trial' 'unfair Prejudice' 'credibility Evidence' 'cross Examination of Witness']
['criminal Law' 'evidence' 'criminal Procedure'] ['application to Discharge Jury' 'joint Trial' 'unfair Prejudice' 'credibility Evidence' 'cross Examination of Witness']

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Procedural Posture

Criminal Law Practice and Procedure; Application for Discharge of the Jury in a Joint Trial / Procedural Ruling During Trial

Legal Issues

  1. 1 ['Whether the jury should be discharged in respect of Mr Mitchison and Mr Whelan because of allegedly prejudicial evidence given by Ms Taylor Jane Anderson.' "Whether evidence admitted as relevant to the credibility of Ms Morris' evidence inculpating Ms Wells caused unfair prejudice to Mr Mitchison and Mr Whelan in the joint trial." 'Whether any prejudice arising from the evidence could be addressed by appropriate directions to the jury.']

Ratio Decidendi

The Court was not satisfied that the evidence of Ms Anderson caused unfair prejudice requiring discharge of the jury for Mr Mitchison or Mr Whelan. In light of the evidence from other persons present, there was no reason to think the jury would speculate that Ms Morris saw Mr Mitchison do something beyond what others described; Ms Anderson accepted that Ms Morris had not expressly said she would lie and that this was her interpretation; and the alleged broader plan to exculpate Mr Mitchison and Mr Whelan at Ms Wells' expense was supported only by limited telephone contact and otherwise amounted to speculation.

Court Disposition

Applications for the jury to be discharged refused.

Orders

  • ['The applications for the jury to be discharged in respect of Mr Mitchison and Mr Whelan are refused.']