R v A (No 1) [2015] NSWSC 65

R v A (No 1) [2015] NSWSC 65

Although the witness made more than one unfortunate reference to the accused being in custody, and such information is normally kept from the jury, the references did not create prejudice sufficient to require the jury's discharge. There was no reason to conclude the jury would not follow a direction to ignore the references, apply the presumption of innocence, and exclude the matter from deliberations.

Jurisdiction
Australia
Judgment Date
10 February 2015
Procedural Posture
Criminal Trial on a Charge of Manslaughter / Application to Discharge the Jury After Inadvertent References to the Accused Being in Custody
Outcome
Application to discharge the jury refused.
Legal Topics
['inadvertent Reference to Accused in Custody' 'potential Prejudicial Effect' 'jury Discharge' 'curative Judicial Direction' 'presumption of Innocence']
['criminal Law' 'evidence' 'criminal Procedure'] ['inadvertent Reference to Accused in Custody' 'potential Prejudicial Effect' 'jury Discharge' 'curative Judicial Direction' 'presumption of Innocence']

Case Brief

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Procedural Posture

Criminal Trial on a Charge of Manslaughter / Application to Discharge the Jury After Inadvertent References to the Accused Being in Custody

Legal Issues

  1. 1 ['Whether inadvertent references by a witness to the accused being in custody created prejudice requiring the jury to be discharged.' 'Whether any prejudice from the references to custody could be cured by a direction from the trial judge.']

Ratio Decidendi

Although the witness made more than one unfortunate reference to the accused being in custody, and such information is normally kept from the jury, the references did not create prejudice sufficient to require the jury's discharge. There was no reason to conclude the jury would not follow a direction to ignore the references, apply the presumption of innocence, and exclude the matter from deliberations.

Court Disposition

Application to discharge the jury refused.

Orders

  • ['The application for the discharge of the jury is refused.']