R v Hawi & ors (No 29) [2011] NSWSC 1675

R v Hawi & ors (No 29) [2011] NSWSC 1675

It was most unlikely that the jury would form an adverse view of counsel's credibility in circumstances where an unfortunate error was made and unwittingly relied upon by multiple parties; no prejudice was caused warranting discharge of the jury.

Jurisdiction
Australia
Judgment Date
31 October 2011
Procedural Posture
Criminal / Application to Discharge Jury During Trial
Outcome
Application to discharge jury refused
Legal Topics
['jury Discharge' 'prejudicial Evidence' 'counsel Credibility' 'camera Evidence Analysis']
['criminal Law'] ['jury Discharge' 'prejudicial Evidence' 'counsel Credibility' 'camera Evidence Analysis']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal / Application to Discharge Jury During Trial

Legal Issues

  1. 1 ['Whether advising jury that defence submission based on flawed camera times analysis is prejudicial to the accused' "Whether counsel's credibility is undermined by jury being informed of the erroneous basis of submission"]

Ratio Decidendi

It was most unlikely that the jury would form an adverse view of counsel's credibility in circumstances where an unfortunate error was made and unwittingly relied upon by multiple parties; no prejudice was caused warranting discharge of the jury.

Court Disposition

Application to discharge jury refused

Orders

  • ['Application to discharge jury in respect of accused Kisacanin is refused']