R v Rogerson; R v McNamara (No 29) [2016] NSWSC 165

There was no evidence that the Crown Prosecutor used the word 'gun', and no risk of unfair prejudice to the accused Rogerson, so the application to discharge the jury was refused.

Jurisdiction: Australia
Judgment Date: 02 March 2016
Procedural Posture: Criminal / Application to Discharge Jury During Trial
Outcome: Application to discharge jury refused
Legal Topics: ['practice and Procedure' 'jury Discharge' 'witness Evidence']

['criminal Law'] ['practice and Procedure' 'jury Discharge' 'witness Evidence']

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Procedural Posture

Criminal / Application to Discharge Jury During Trial

Legal Issues

1 ['Whether the Crown Prosecutor impermissibly referenced a gun when leading evidence from a witness' 'Whether the jury should be discharged due to potential prejudice']

Ratio Decidendi

There was no evidence that the Crown Prosecutor used the word 'gun', and no risk of unfair prejudice to the accused Rogerson, so the application to discharge the jury was refused.

Court Disposition

Application to discharge jury refused

Orders

['Recording of the relevant question at T1441 L8 to be Exhibit 1 on this application and a copy preserved.' "Errata to be noted in transcript at T1441 L8 regarding the question's wording."]