R v Sarkis (No 2) [2023] NSWDC 479

R v Sarkis (No 2) [2023] NSWDC 479

The disclosure of inadmissible, prejudicial material to the jury—specifically, audio evidence associating other parties with prior theft and possible motive for larceny—created irreconcilable prejudice that could not be cured by judicial direction. Discharging the jury was necessary to prevent a miscarriage of justice.

Jurisdiction
Australia
Judgment Date
03 November 2023
Procedural Posture
Criminal / Trial – Application to Discharge Jury
Outcome
Jury discharged; retrial ordered
Legal Topics
['discharge of Jury' 'prejudicial Material' 'jury Directions']
['criminal Law' 'criminal Procedure'] ['discharge of Jury' 'prejudicial Material' 'jury Directions']

Case Brief

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Procedural Posture

Criminal / Trial – Application to Discharge Jury

Legal Issues

  1. 1 ['Whether the jury should be discharged due to unauthorised material coming before them' 'Whether a judicial direction could cure the prejudice caused by the audio evidence inadvertently heard by jurors']

Ratio Decidendi

The disclosure of inadmissible, prejudicial material to the jury—specifically, audio evidence associating other parties with prior theft and possible motive for larceny—created irreconcilable prejudice that could not be cured by judicial direction. Discharging the jury was necessary to prevent a miscarriage of justice.

Court Disposition

Jury discharged; retrial ordered

Orders

  • ['The jury is discharged pursuant to Part 7A of the Jury Act 1977 (NSW).' 'The matter is to be retried before a new jury and the same judge commencing at 10am on Tuesday of next week.']