R v Fitzpatrick (No 3) [2019] NSWSC 972

R v Fitzpatrick (No 3) [2019] NSWSC 972

Although the media report and its depiction of the accused in custody were unsatisfactory, a fair trial could still be had because appropriate directions would require the jury to put media reports out of mind, not draw any adverse inference from custody, and apply the presumption of innocence and the Crown’s onus and standard of proof.

Jurisdiction
Australia
Judgment Date
04 July 2019
Procedural Posture
Criminal Trial for Murder; Application to Discharge Jury / Application During Jury Trial After Media Reports Concerning the Trial
Outcome
Application to discharge jury refused.
Legal Topics
['application to Discharge Jury' 'media Reports Concerning Trial' 'accused Depicted in Custody' 'fair Trial' 'jury Directions' 'presumption of Innocence']
['criminal Law' 'criminal Procedure'] ['application to Discharge Jury' 'media Reports Concerning Trial' 'accused Depicted in Custody' 'fair Trial' 'jury Directions' 'presumption of Innocence']

Case Brief

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Procedural Posture

Criminal Trial for Murder; Application to Discharge Jury / Application During Jury Trial After Media Reports Concerning the Trial

Legal Issues

  1. 1 ['Whether the broadcast and continuing online availability of media reports concerning the trial, including footage showing the accused in custody and handcuffed, created a real risk that a fair trial could no longer be had.' 'Whether directions to the jury could obviate any prejudice arising from jurors viewing the news report.']

Ratio Decidendi

Although the media report and its depiction of the accused in custody were unsatisfactory, a fair trial could still be had because appropriate directions would require the jury to put media reports out of mind, not draw any adverse inference from custody, and apply the presumption of innocence and the Crown’s onus and standard of proof.

Court Disposition

Application to discharge jury refused.

Orders

  • ['Refuse application to discharge jury.' 'The Court proposed to direct the jury to put media reports out of mind, not draw any adverse inference from the accused being in custody, and keep in mind the presumption of innocence and the Crown’s onus and standard of proof.' "The exchange with counsel and the judgment...