R v WE (No.3) [2019] NSWSC 881

R v WE (No.3) [2019] NSWSC 881

The jury was discharged because honestly answering the jury's question about the accused's conduct would risk prejudicing the accused's right to a fair trial.

Parties
Crown: Regina; Accused: WE
Jurisdiction
Australia
Judgment Date
11 July 2019
Procedural Posture
Criminal / Ruling on Application to Discharge Jury
Outcome
Jury discharged
Legal Topics
Jury Discharge, Fair Trial, Practice and Procedure
Criminal Law Jury Discharge Fair Trial Practice and Procedure

Case Brief

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Parties

Regina

Crown

WE

Accused

Procedural Posture

Criminal / Ruling on Application to Discharge Jury

Legal Issues

  1. 1 Whether the accused's conduct towards a juror prejudiced the right to a fair trial
  2. 2 Whether the jury should be discharged

Ratio Decidendi

The jury was discharged because honestly answering the jury's question about the accused's conduct would risk prejudicing the accused's right to a fair trial.

Court Disposition

Jury discharged

Orders

  • The jury is discharged.