R v White & ors (No 4) [2012] NSWSC 468

R v White & ors (No 4) [2012] NSWSC 468

The evidence disclosed was not fundamentally new but similar to that already before the jury; the defence had some prior notice through the brief's index and the Crown's opening; potential prejudice was speculative and insufficiently established; the application to discharge the jury was refused.

Jurisdiction
Australia
Judgment Date
28 March 2012
Procedural Posture
Criminal Trial / Interlocutory Application During Trial
Outcome
Application to discharge jury refused
Legal Topics
['practice and Procedure' 'duty of Disclosure' 'jury Discharge' 'prejudice' 'witness Evidence']
['criminal Law'] ['practice and Procedure' 'duty of Disclosure' 'jury Discharge' 'prejudice' 'witness Evidence']

Case Brief

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Procedural Posture

Criminal Trial / Interlocutory Application During Trial

Legal Issues

  1. 1 ['Whether the late disclosure of a police interview transcript with a proposed witness by the Crown caused irredeemable prejudice to the accused and required the discharge of the jury']

Ratio Decidendi

The evidence disclosed was not fundamentally new but similar to that already before the jury; the defence had some prior notice through the brief's index and the Crown's opening; potential prejudice was speculative and insufficiently established; the application to discharge the jury was refused.

Court Disposition

Application to discharge jury refused

Orders

  • ['Application to discharge the jury is refused.']