Barber v R; Zraika v R [2016] NSWCCA 125

Barber v R; Zraika v R [2016] NSWCCA 125

Although the trial judge erred in discharging the jury before the applicants' cases were considered, once the jury was discharged and released, the prospect of prejudice was so great that the court could not safely grant relief by recalling or considering the reconstitution of the jury; thus, leave to appeal was granted, but the appeals were dismissed.

Jurisdiction
Australia
Judgment Date
23 June 2016
Procedural Posture
Criminal Appeal / Application for Leave to Appeal and Substantive Appeal
Outcome
Leave to appeal granted; appeals dismissed.
Legal Topics
['discharge of Jury' 'right to Verdict' 'jury Directions' 'stay of Decision' 'application for Leave to Appeal']
['criminal Law'] ['discharge of Jury' 'right to Verdict' 'jury Directions' 'stay of Decision' 'application for Leave to Appeal']

Case Brief

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal and Substantive Appeal

Legal Issues

  1. 1 ['Whether the trial judge erred in discharging the jury with respect to the applicants before the jury considered their charges' 'Whether relief was available after the discharge had taken effect and the jury released']

Ratio Decidendi

Although the trial judge erred in discharging the jury before the applicants' cases were considered, once the jury was discharged and released, the prospect of prejudice was so great that the court could not safely grant relief by recalling or considering the reconstitution of the jury; thus, leave to appeal was granted, but the appeals were dismissed.

Court Disposition

Leave to appeal granted; appeals dismissed.

Orders

  • ['Grant applicants leave to appeal, but dismiss the appeal.' 'Vacate the stay.' 'Direct the Sheriff to advise jurors that they have been finally discharged, as ordered by the trial judge on Thursday 9 June 2016.']