Regina (Cth) v Rodney Stephen Adler [2005] NSWSC 44

Regina (Cth) v Rodney Stephen Adler [2005] NSWSC 44

Strong and timely jury directions, along with other steps, will mitigate potential prejudice from pre-trial publicity. Adjournment or temporary stay of proceedings is unnecessary and would not materially improve prospects for an unprejudiced jury.

Parties
Prosecution: Regina (Cth); Accused: Rodney Stephen Adler
Jurisdiction
Australia
Judgment Date
08 February 2005
Procedural Posture
Criminal / Pre Trial Application
Outcome
application refused
Legal Topics
Pre Trial Publicity, Adjournment, Temporary Stay, Fair Trial
Criminal Law Pre Trial Publicity Adjournment Temporary Stay Fair Trial

Case Brief

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Parties

Regina (Cth)

Prosecution

Rodney Stephen Adler

Accused

Procedural Posture

Criminal / Pre Trial Application

Legal Issues

  1. 1 Whether pre-trial publicity prevents the accused from receiving a fair trial
  2. 2 Whether an adjournment or temporary stay should be granted due to adverse publicity

Ratio Decidendi

Strong and timely jury directions, along with other steps, will mitigate potential prejudice from pre-trial publicity. Adjournment or temporary stay of proceedings is unnecessary and would not materially improve prospects for an unprejudiced jury.

Court Disposition

application refused

Orders

  • Application for adjournment and temporary stay of proceedings refused.