R v Gordon (No 6) [2017] NSWSC 193

R v Gordon (No 6) [2017] NSWSC 193

The application to discharge the jury is refused because, notwithstanding imperfect circumstances, the directions to the jury are adequate to ensure that they disregard inadmissible statements, and there is no real risk that the trial will be fundamentally unfair.

Jurisdiction
Australia
Judgment Date
22 February 2017
Procedural Posture
Criminal / Interlocutory Application During Trial
Outcome
Application to discharge the jury refused.
Legal Topics
['discharge of Jury' 'jury Directions' 'admissibility of Evidence' 'miscarriage of Justice']
['criminal Law' 'criminal Procedure'] ['discharge of Jury' 'jury Directions' 'admissibility of Evidence' 'miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal / Interlocutory Application During Trial

Legal Issues

  1. 1 ['Whether the jury should be discharged due to inadmissible and potentially prejudicial statements made by a witness' 'Whether judicial directions to the jury are sufficient to ensure a fair trial in light of those statements']

Ratio Decidendi

The application to discharge the jury is refused because, notwithstanding imperfect circumstances, the directions to the jury are adequate to ensure that they disregard inadmissible statements, and there is no real risk that the trial will be fundamentally unfair.

Court Disposition

Application to discharge the jury refused.

Orders

  • ['The application by the defence to discharge the jury is refused.']