Di Maria v R [2012] NSWCCA 127

Di Maria v R [2012] NSWCCA 127

There is no evidence which would justify orders for cross-examination of relevant persons. The association between the juror and Mr Lippett and the information discussed do not demonstrate a miscarriage of justice or affect the juror's impartiality. The Notice of Motion is dismissed as no legitimate forensic reason exists for the orders sought.

Jurisdiction
Australia
Judgment Date
18 June 2012
Procedural Posture
Criminal Appeal / Notice of Motion Prior to Appeal Hearing
Outcome
Notice of Motion dismissed
Legal Topics
['jury Irregularity' 'procedure' 'request to Examine Witnesses']
['criminal Law'] ['jury Irregularity' 'procedure' 'request to Examine Witnesses']

Case Brief

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Procedural Posture

Criminal Appeal / Notice of Motion Prior to Appeal Hearing

Legal Issues

  1. 1 ['Whether there was jury irregularity affecting the trial' 'Whether association between juror and witness constituted apprehended bias' 'Whether the evidence justified cross-examination of relevant persons']

Ratio Decidendi

There is no evidence which would justify orders for cross-examination of relevant persons. The association between the juror and Mr Lippett and the information discussed do not demonstrate a miscarriage of justice or affect the juror's impartiality. The Notice of Motion is dismissed as no legitimate forensic reason exists for the orders sought.

Court Disposition

Notice of Motion dismissed

Orders

  • ['Notice of Motion dismissed']