Regina v Ronen & Ors [2005] NSWSC 321

Regina v Ronen & Ors [2005] NSWSC 321

The judge found that the process and comments in the summing-up, though challenged by defence counsel, were warranted by the nature of the submissions made, and that care was taken to avoid prejudice, with repeated reminders to the jury regarding the onus on the Crown. The application for discharge of the jury was therefore refused.

Jurisdiction
Australia
Judgment Date
21 January 2005
Procedural Posture
Criminal / Application to Discharge Jury During Summing Up
Outcome
Application for discharge of jury refused
Legal Topics
['discharge of Jury' 'sums/comments in Summing Up' 'judicial Fairness' 'burden of Proof']
['criminal Law'] ['discharge of Jury' 'sums/comments in Summing Up' 'judicial Fairness' 'burden of Proof']

Case Brief

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Procedural Posture

Criminal / Application to Discharge Jury During Summing Up

Legal Issues

  1. 1 ["Whether the judge's summing-up was sufficiently unbalanced to deny a fair trial and require discharge of the jury"]

Ratio Decidendi

The judge found that the process and comments in the summing-up, though challenged by defence counsel, were warranted by the nature of the submissions made, and that care was taken to avoid prejudice, with repeated reminders to the jury regarding the onus on the Crown. The application for discharge of the jury was therefore refused.

Court Disposition

Application for discharge of jury refused

Orders

  • ['Application for discharge of jury is refused']