R v Kelu; R v Millner (No 5) [2023] NSWSC 1541

R v Kelu; R v Millner (No 5) [2023] NSWSC 1541

The evidence from the jury foreman established that the folder of MFIs was not opened, considered or looked at by the jury; therefore, there was no prejudice and no substantial miscarriage of justice, so the application to discharge the jury is refused.

Jurisdiction
Australia
Judgment Date
11 July 2023
Procedural Posture
Criminal / Trial
Outcome
application to discharge the jury refused
Legal Topics
['trial Procedure' 'jury Discharge' 'miscarriage of Justice']
['criminal Law'] ['trial Procedure' 'jury Discharge' 'miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal / Trial

Legal Issues

  1. 1 ['Whether the jury should be discharged after inadvertently receiving access to a folder of Marked For Identification documents' 'Whether a substantial miscarriage of justice occurred']

Ratio Decidendi

The evidence from the jury foreman established that the folder of MFIs was not opened, considered or looked at by the jury; therefore, there was no prejudice and no substantial miscarriage of justice, so the application to discharge the jury is refused.

Court Disposition

application to discharge the jury refused

Orders

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