R v Afu; R v Caleo (No 7) [2018] NSWSC 186

R v Afu; R v Caleo (No 7) [2018] NSWSC 186

The application was refused because, in the context of a murder trial involving allegations that Mr Afu was a hired thief and killer and evidence of very serious criminal conduct, the discrete reference to Cindy being 15 or 16, pregnant and Mr Afu's girlfriend did not create any realistic prospect that the jury would be diverted from its duty or reason impermissibly that Mr Afu was guilty of murder because of child sexual abuse or bad character.

Jurisdiction
Australia
Judgment Date
08 February 2018
Procedural Posture
Criminal Murder Trial / Application by the Accused for Discharge of the Jury Following the Crown Prosecutor's Opening Address
Outcome
Application for discharge of jury refused
Legal Topics
['discharge of Jury' 'jury Prejudice' 'crown Opening Address' 'murder Trial' 'child Sexual Abuse Inference']
['criminal Procedure' 'criminal Law'] ['discharge of Jury' 'jury Prejudice' 'crown Opening Address' 'murder Trial' 'child Sexual Abuse Inference']

Case Brief

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Procedural Posture

Criminal Murder Trial / Application by the Accused for Discharge of the Jury Following the Crown Prosecutor's Opening Address

Legal Issues

  1. 1 ["Whether the jury should be discharged because the Crown Prosecutor referred in opening to Cindy being 15 or 16, pregnant, and Mr Afu's girlfriend, implying sexual intercourse with an underage person." 'Whether the reference created incurable prejudice or a realistic prospect that the jury would reason impermissibly from alleged child sexual abuse or bad character to guilt on the murder charge.' "Whether Cindy's age and circumstances at the time of the events were relevant to the jury's assessment of her credibility."]

Ratio Decidendi

The application was refused because, in the context of a murder trial involving allegations that Mr Afu was a hired thief and killer and evidence of very serious criminal conduct, the discrete reference to Cindy being 15 or 16, pregnant and Mr Afu's girlfriend did not create any realistic prospect that the jury would be diverted from its duty or reason impermissibly that Mr Afu was guilty of murder because of child sexual abuse or bad character.

Court Disposition

Application for discharge of jury refused

Orders

  • ['Application for discharge of jury refused']