R v Popovic; R v Koloamatangi (No 3) [2017] NSWSC 1110

R v Popovic; R v Koloamatangi (No 3) [2017] NSWSC 1110

Given the context of the evidence presented, including evidence of criminal milieu and the isolated nature of the witness's remark, there was not a high degree of necessity to discharge the jury; any prejudice could be adequately addressed by direction or practical measures.

Jurisdiction
Australia
Judgment Date
22 August 2017
Procedural Posture
Criminal / Application to Discharge Jury in Murder Trial
Outcome
Application to discharge the jury refused.
Legal Topics
['jury Discharge' 'prejudice' 'murder Trial' 'inadmissible Evidence']
['criminal Law'] ['jury Discharge' 'prejudice' 'murder Trial' 'inadmissible Evidence']

Case Brief

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Procedural Posture

Criminal / Application to Discharge Jury in Murder Trial

Legal Issues

  1. 1 ['Whether reference by a witness to the accused having been in gaol created incurable prejudice requiring discharge of the jury']

Ratio Decidendi

Given the context of the evidence presented, including evidence of criminal milieu and the isolated nature of the witness's remark, there was not a high degree of necessity to discharge the jury; any prejudice could be adequately addressed by direction or practical measures.

Court Disposition

Application to discharge the jury refused.

Orders

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