R v Scott (No 5) [2015] NSWSC 462
No real or incurable prejudice to the accused resulted from the change of counsel, references to gaol and drug use, or jury interactions. Adequate directions were a sufficient remedy. The cumulative effect of asserted matters did not prevent a fair trial. Applications to discharge the jury were accordingly refused.
- Jurisdiction
- Australia
- Judgment Date
- 21 April 2015
- Procedural Posture
- Criminal / Mid Trial Interlocutory Applications
- Outcome
- applications for discharge of the jury refused
- Legal Topics
- ['jury Discharge Applications' 'legal Representation' 'adequacy of Directions' 'fair Trial' 'prejudice' 'change of Counsel']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal / Mid Trial Interlocutory Applications
Legal Issues
- 1 ['Whether the accused could be properly represented after change of counsel' 'Whether matters cumulatively gave rise to prejudice' 'Whether directions could cure possible prejudice' 'Whether accused could receive a fair trial']
Ratio Decidendi
No real or incurable prejudice to the accused resulted from the change of counsel, references to gaol and drug use, or jury interactions. Adequate directions were a sufficient remedy. The cumulative effect of asserted matters did not prevent a fair trial. Applications to discharge the jury were accordingly refused.
Court Disposition
applications for discharge of the jury refused
Orders
- ['Applications for discharge of the jury on 2 April 2015 and 7 April 2015 are refused']
Full Case Text
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