R v Krivosic (No. 2) [2021] NSWSC 1559

R v Krivosic (No. 2) [2021] NSWSC 1559

The single reference by Ms Delforce to buying drugs from the Accused did not require discharge of the jury because the trial context already involved drug use, similar drug supply evidence had been part of the first trial narrative, the Crown did not rely on drug supply as a motive for the killing, the trial was already underway in restricted COVID-19 circumstances, and any prejudice could appropriately be addressed by a jury direction.

Jurisdiction
Australia
Judgment Date
17 November 2021
Procedural Posture
Criminal Murder Trial / Application by the Accused for Discharge of the Jury During Retrial
Outcome
Application for discharge of the jury is refused.
Legal Topics
['murder Trial' 'discharge of Jury' 'prejudicial Evidence' 'drug Supply Evidence' 'jury Directions']
['criminal Law' 'criminal Procedure' 'evidence'] ['murder Trial' 'discharge of Jury' 'prejudicial Evidence' 'drug Supply Evidence' 'jury Directions']

Case Brief

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Procedural Posture

Criminal Murder Trial / Application by the Accused for Discharge of the Jury During Retrial

Legal Issues

  1. 1 ['Whether the jury should be discharged after evidence was given that the Accused supplied drugs to a Crown witness.' 'Whether any prejudice arising from the evidence could be addressed by a jury direction.']

Ratio Decidendi

The single reference by Ms Delforce to buying drugs from the Accused did not require discharge of the jury because the trial context already involved drug use, similar drug supply evidence had been part of the first trial narrative, the Crown did not rely on drug supply as a motive for the killing, the trial was already underway in restricted COVID-19 circumstances, and any prejudice could appropriately be addressed by a jury direction.

Court Disposition

Application for discharge of the jury is refused.

Orders

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