R v Afu; R v Caleo (No 12) [2018] NSWSC 191

Reference to the age of the witness as 16 does not of itself give rise to any suggestion of criminality by the accused or irreparable prejudice that would require the discharge of the jury.

Parties: Crown: Regina; Accused: Alani Afu
Jurisdiction: Australia
Judgment Date: 15 February 2018
Procedural Posture: Criminal / Interlocutory Application During Trial
Outcome: Application for discharge of jury refused
Legal Topics: Jury Discharge, Murder, Prejudice From Evidence, Underage Sexual Conduct

Criminal Law Jury Discharge Murder Prejudice From Evidence Underage Sexual Conduct

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Parties

Regina

Crown

Alani Afu

Accused

Procedural Posture

Criminal / Interlocutory Application During Trial

Legal Issues

1 Whether allusion to accused having sexual intercourse with underage female would occasion irreparable prejudice and require discharge of jury

Ratio Decidendi

Reference to the age of the witness as 16 does not of itself give rise to any suggestion of criminality by the accused or irreparable prejudice that would require the discharge of the jury.

Court Disposition

Application for discharge of jury refused

Orders

Application for discharge of jury refused