R v Agius; R v Castagna (No 12) [2018] NSWSC 2044

R v Agius; R v Castagna (No 12) [2018] NSWSC 2044

Although the affidavit was in evidence without limitation and the jury could use it as part of the evidence, the Crown ought not, in light of the antecedent correspondence and the reasonable understanding on which the accused Castagna raised good character, have invited the jury to reason that Castagna was dishonest or not of good character from the affidavit and its disparity with other Crown evidence. Discharge of the jury was not necessary because an appropriate direction to disregard the impugned submission would remedy the harm; the jurors' working copies of the affidavit were also to be collected and destroyed to guard against reliance on notes of the withdrawn submission.

Jurisdiction
Australia
Judgment Date
22 March 2018
Procedural Posture
Criminal Proceeding / Application by Accused Castagna to Discharge the Jury During Crown Closing Address
Outcome
Application to discharge jury refused.
Legal Topics
['discharge of Jury' 'crown Closing Address' 'bad Character' 'good Character Evidence' 'use of Affidavit Evidence' 'jury Directions']
['criminal Law' 'evidence' 'criminal Procedure'] ['discharge of Jury' 'crown Closing Address' 'bad Character' 'good Character Evidence' 'use of Affidavit Evidence' 'jury Directions']

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Procedural Posture

Criminal Proceeding / Application by Accused Castagna to Discharge the Jury During Crown Closing Address

Legal Issues

  1. 1 ["Whether the Crown's closing address improperly invited the jury to reason that the accused Castagna was dishonest or not of good character from affidavit evidence admitted without limitation." "Whether discharge of the jury was necessary to remedy the Crown's submission, or whether a direction to disregard the submission was sufficient." "Whether jurors' working copies of the affidavit should be collected and destroyed to avoid reliance on notes of the withdrawn submission."]

Ratio Decidendi

Although the affidavit was in evidence without limitation and the jury could use it as part of the evidence, the Crown ought not, in light of the antecedent correspondence and the reasonable understanding on which the accused Castagna raised good character, have invited the jury to reason that Castagna was dishonest or not of good character from the affidavit and its disparity with other Crown evidence. Discharge of the jury was not necessary because an appropriate direction to disregard the impugned submission would remedy the harm; the jurors' working copies of the affidavit were also to be collected and destroyed to guard against reliance on notes of the withdrawn submission.

Court Disposition

Application to discharge jury refused.

Orders

  • ['Refuse the application for discharge of the jury made on behalf of the accused Castagna.']