R v Rawlinson; R v Proud; R v Spicer [2014] NSWSC 124

R v Rawlinson; R v Proud; R v Spicer [2014] NSWSC 124

The inadvertent evidence could be isolated from the rest of the trial and adequately neutralised by the expanded directions proposed by Mr Terracini; the prejudice was therefore capable of being cured without discharging the jury.

Jurisdiction
Australia
Judgment Date
25 February 2014
Procedural Posture
Criminal Jury Trial / Application to Discharge Jury After Prejudicial Evidence Was Inadvertently Led
Outcome
Application to discharge jury is dismissed.
Legal Topics
['jury Trial' 'discharge of Jury' 'prejudicial Evidence' 'jury Directions' 'inadvertently Led Evidence']
['criminal Law' 'evidence' 'criminal Procedure'] ['jury Trial' 'discharge of Jury' 'prejudicial Evidence' 'jury Directions' 'inadvertently Led Evidence']

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Procedural Posture

Criminal Jury Trial / Application to Discharge Jury After Prejudicial Evidence Was Inadvertently Led

Legal Issues

  1. 1 ['Whether evidence inadvertently led from Ms Sian Regal created prejudice incapable of being cured by an appropriate direction to the jury.' 'Whether the jury should be discharged or instead directed to disregard the evidence referring to what Wendy Evans allegedly said Bradley Rawlinson had said.']

Ratio Decidendi

The inadvertent evidence could be isolated from the rest of the trial and adequately neutralised by the expanded directions proposed by Mr Terracini; the prejudice was therefore capable of being cured without discharging the jury.

Court Disposition

Application to discharge jury is dismissed.

Orders

  • ['The application to discharge the jury is rejected.' 'The jury will be given the expanded directions proposed by Mr Terracini SC.']