R v Charbaji, Azam; Charbaji, Haysem; Jamieson, Lexy May (No 5) [2016] NSWSC 1866

R v Charbaji, Azam; Charbaji, Haysem; Jamieson, Lexy May (No 5) [2016] NSWSC 1866

The display of one or two additional photographs by the deceased's family was unlikely to influence the jury given the existing evidence and previous exposure to such images; any risk could be remedied by appropriate judicial direction, so there was no sufficient basis to discharge the jury.

Jurisdiction
Australia
Judgment Date
20 December 2016
Procedural Posture
Criminal / Ruling on Application to Discharge Jury
Outcome
Application to discharge the jury dismissed.
Legal Topics
['discharge of Jury' 'jury Trial Procedure' 'display of Photographs in Court']
['criminal Law'] ['discharge of Jury' 'jury Trial Procedure' 'display of Photographs in Court']

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Procedural Posture

Criminal / Ruling on Application to Discharge Jury

Legal Issues

  1. 1 ['Whether the display of photographs of the deceased by relatives in court during summing-up requires the jury to be discharged']

Ratio Decidendi

The display of one or two additional photographs by the deceased's family was unlikely to influence the jury given the existing evidence and previous exposure to such images; any risk could be remedied by appropriate judicial direction, so there was no sufficient basis to discharge the jury.

Court Disposition

Application to discharge the jury dismissed.

Orders

  • ['The application to discharge the jury is dismissed.']