Cox v R [2022] NSWCCA 66
No miscarriage of justice was occasioned by the trial judge’s refusal to discharge the jury following the remark by the witness, as the judicial direction given was sufficient to neutralise any potential prejudice; the appeal was therefore dismissed.
- Jurisdiction
- Australia
- Judgment Date
- 01 April 2022
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction
- Outcome
- Appeal dismissed; leave granted to raise ground 1 of appeal.
- Legal Topics
- ['appeal Against Conviction' 'jury Directions' 'miscarriage of Justice' 'sexual Offences' 'assault Occasioning Actual Bodily Harm']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Appeal Against Conviction
Legal Issues
- 1 ["Whether a miscarriage of justice was occasioned by the trial judge's failure to discharge the jury after a prejudicial remark was made by a witness in the presence of jurors"]
Ratio Decidendi
No miscarriage of justice was occasioned by the trial judge’s refusal to discharge the jury following the remark by the witness, as the judicial direction given was sufficient to neutralise any potential prejudice; the appeal was therefore dismissed.
Court Disposition
Appeal dismissed; leave granted to raise ground 1 of appeal.
Orders
- ['The Applicant be granted leave to raise ground 1 of the appeal.' 'The Appeal be dismissed.']
Full Case Text
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