R v Charbaji, Azam; Charbaji, Haysem; Jamieson, Lexy May (No 7) [2017] NSWSC 1518

R v Charbaji, Azam; Charbaji, Haysem; Jamieson, Lexy May (No 7) [2017] NSWSC 1518

The Judge found that an appropriate direction to the jury could overcome any prejudice caused by the Crown's address, and therefore refused the application to discharge the jury.

Jurisdiction
Australia
Judgment Date
14 October 2016
Procedural Posture
Criminal / Application to Discharge Jury During Trial
Outcome
application for discharge of the jury refused
Legal Topics
['jury Discharge' 'trial Fairness' 'crown Address' 'mistrial' 'procedural Ruling']

Case Brief

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Procedural Posture

Criminal / Application to Discharge Jury During Trial

  1. 1 ["Whether the jury should be discharged due to the Crown's address allegedly causing a miscarriage of justice"]

Ratio Decidendi

The Judge found that an appropriate direction to the jury could overcome any prejudice caused by the Crown's address, and therefore refused the application to discharge the jury.

Court Disposition

application for discharge of the jury refused

Orders

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