R v Merrick [2016] NSWSC 163

R v Merrick [2016] NSWSC 163

The evidence does not establish that there is any real threat to the integrity of the trial if held in Newcastle; the jury empanelment process and directions to disregard extraneous material can sufficiently address any potential prejudice, and a change of venue would not resolve the alleged risk arising from social media posts.

Parties
Prosecution: Regina; Accused: Ross Albert Merrick
Jurisdiction
Australia
Judgment Date
29 February 2016
Procedural Posture
Criminal / Motion for Change of Venue
Outcome
Application refused and motion dismissed
Legal Topics
Change of Venue, Fair Trial, Jury Bias, Social Media Influence
Criminal Law Procedure Change of Venue Fair Trial Jury Bias Social Media Influence

Case Brief

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Parties

Regina

Prosecution

Ross Albert Merrick

Accused

Procedural Posture

Criminal / Motion for Change of Venue

Legal Issues

  1. 1 Whether the accused will receive a fair trial in Newcastle given social media publications
  2. 2 Whether a change of venue is necessary due to potential jury prejudice or bias

Ratio Decidendi

The evidence does not establish that there is any real threat to the integrity of the trial if held in Newcastle; the jury empanelment process and directions to disregard extraneous material can sufficiently address any potential prejudice, and a change of venue would not resolve the alleged risk arising from social media posts.

Court Disposition

Application refused and motion dismissed

Orders

  • The application for a change of venue is refused.
  • The motion is dismissed.