R v Allan [2002] NSWCCA 412

R v Allan [2002] NSWCCA 412

The appeal was dismissed because the Court was satisfied that the irregularity did not affect the verdict. The jury had told the trial judge that they had discussed and disregarded the objects as irrelevant, the trial judge directed them to disregard the objects and decide the case only on the evidence, there was no real possibility that the jury used Mr Austin's evidence in deciding the count involving Mr Hurry, and the evidence on that count was overwhelming by reason of the mobile telephone being found where the appellant had been standing in the shop.

Jurisdiction
Australia
Judgment Date
04 October 2002
Procedural Posture
Criminal Appeal / Appeal to the New South Wales Court of Criminal Appeal After Conviction on One Count of Robbery in Company
Outcome
Appeal dismissed
Legal Topics
['non Evidentiary Material Becoming Available to Jury After Retirement' 'whether Miscarriage of Justice Occurred' 'jury Directions to Disregard Material' 'application to Discharge Jury']
['criminal Law' 'criminal Procedure' 'evidence'] ['non Evidentiary Material Becoming Available to Jury After Retirement' 'whether Miscarriage of Justice Occurred' 'jury Directions to Disregard Material' 'application to Discharge Jury']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal to the New South Wales Court of Criminal Appeal After Conviction on One Count of Robbery in Company

Legal Issues

  1. 1 ["Whether the trial miscarried because two medi swipes and a glass tube wrapped in paper were found by the jury in the lining of the appellant's jacket after the jury retired." "Whether the trial judge's direction to disregard the objects was sufficient to cure any prejudice." "Whether the irregularity could have affected the jury's verdict on the remaining count involving Glen Hurry."]

Ratio Decidendi

The appeal was dismissed because the Court was satisfied that the irregularity did not affect the verdict. The jury had told the trial judge that they had discussed and disregarded the objects as irrelevant, the trial judge directed them to disregard the objects and decide the case only on the evidence, there was no real possibility that the jury used Mr Austin's evidence in deciding the count involving Mr Hurry, and the evidence on that count was overwhelming by reason of the mobile telephone being found where the appellant had been standing in the shop.

Court Disposition

Appeal dismissed

Orders

  • ['Appeal is dismissed.']