R v Hawi & ors (No 21) [2011] NSWSC 1667

R v Hawi & ors (No 21) [2011] NSWSC 1667

The evidence challenged by the defence was not materially different from or more prejudicial than evidence already admitted without objection; thus, the concern of prejudice justifying jury discharge was unfounded, and the application was refused.

Jurisdiction
Australia
Judgment Date
23 August 2011
Procedural Posture
Criminal / Application to Discharge Jury
Outcome
Application to discharge jury refused.
Legal Topics
['juries' 'application for Discharge' 'prejudice to Accused' 'club Rules as Evidence']
['criminal Law'] ['juries' 'application for Discharge' 'prejudice to Accused' 'club Rules as Evidence']

Case Brief

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Procedural Posture

Criminal / Application to Discharge Jury

Legal Issues

  1. 1 ['Whether questioning and evidence regarding Comanchero Motorcycle Club rules created prejudice against accused justifying jury discharge']

Ratio Decidendi

The evidence challenged by the defence was not materially different from or more prejudicial than evidence already admitted without objection; thus, the concern of prejudice justifying jury discharge was unfounded, and the application was refused.

Court Disposition

Application to discharge jury refused.

Orders

  • ['Application to discharge jury refused.']