R v Macdonald; R v Maitland [2015] NSWSC 1704

R v Macdonald; R v Maitland [2015] NSWSC 1704

Mr Maitland did not demonstrate a real, as opposed to theoretical, possibility that past media reporting concerning Mr Macdonald would prejudice Mr Maitland at a joint trial in a way amounting to positive injustice, particularly given the age of the publicity, the absence of recent publicity of the relied-upon kind, the limited reference to Mr Maitland in the articles, jurors' expected compliance with directions, s.68C of the Jury Act 1977, and available trial mechanisms.

Jurisdiction
Australia
Judgment Date
17 November 2015
Procedural Posture
Criminal Proceeding / Pre Trial Application for a Separate Trial
Outcome
Application refused.
Legal Topics
['separate Trial' 'joint Trial of Co Accused' 'misconduct in Public Office' 'aiding and Abetting' 'adverse Media Publicity' 'jury Prejudice']
['criminal Law' 'criminal Procedure'] ['separate Trial' 'joint Trial of Co Accused' 'misconduct in Public Office' 'aiding and Abetting' 'adverse Media Publicity' 'jury Prejudice']

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Procedural Posture

Criminal Proceeding / Pre Trial Application for a Separate Trial

Legal Issues

  1. 1 ['Whether John William Maitland should be tried separately from Ian Michael Macdonald under s.21 Criminal Procedure Act 1986.' 'Whether past adverse media publicity concerning Ian Michael Macdonald created a real risk of positive injustice to John William Maitland if a joint trial proceeded.']

Ratio Decidendi

Mr Maitland did not demonstrate a real, as opposed to theoretical, possibility that past media reporting concerning Mr Macdonald would prejudice Mr Maitland at a joint trial in a way amounting to positive injustice, particularly given the age of the publicity, the absence of recent publicity of the relied-upon kind, the limited reference to Mr Maitland in the articles, jurors' expected compliance with directions, s.68C of the Jury Act 1977, and available trial mechanisms.

Court Disposition

Application refused.

Orders

  • ['I decline the application by John William Maitland to be tried separately from Ian Michael Macdonald.' "Mr Maitland's Notice of Motion filed 7 September 2015 is dismissed."]