R v Kelu; R v Millner (No 3) [2023] NSWSC 1539

R v Kelu; R v Millner (No 3) [2023] NSWSC 1539

The application to discharge the jury was refused because the concerns raised by Mr Millner's counsel about unfair prejudice arising from the Crown's decision not to call Ms Janie Simpson were not established; the Crown's concessions, statements, and the proposed agreed fact sufficiently addressed the possibility of miscarriage of justice, and the prosecutor's discretion in witness selection was properly exercised.

Parties
Crown: Rex; Accused: Jonatan Kelu; Accused: Cedric Adrian Millner
Jurisdiction
Australia
Judgment Date
19 June 2023
Procedural Posture
Criminal Trial / Application to Discharge Jury During Trial
Outcome
Application to discharge the jury refused
Legal Topics
Jury Discharge, Witness Non Call, Criminal Procedure, Miscarriage of Justice
Criminal Law Jury Discharge Witness Non Call Criminal Procedure Miscarriage of Justice

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 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Rex

Crown

Jonatan Kelu

Accused

Cedric Adrian Millner

Accused

Procedural Posture

Criminal Trial / Application to Discharge Jury During Trial

Legal Issues

  1. 1 Whether failure to call a material witness by the Crown and related forensic choices gives rise to a substantial risk of miscarriage of justice warranting discharge of the jury

Ratio Decidendi

The application to discharge the jury was refused because the concerns raised by Mr Millner's counsel about unfair prejudice arising from the Crown's decision not to call Ms Janie Simpson were not established; the Crown's concessions, statements, and the proposed agreed fact sufficiently addressed the possibility of miscarriage of justice, and the prosecutor's discretion in witness selection was properly exercised.

Court Disposition

Application to discharge the jury refused

Orders

  • The jury is not discharged; trial continues