R v Christos PODARAS [2009] NSWDC 275

R v Christos PODARAS [2009] NSWDC 275

The jury should not be discharged because any possible prejudice caused by the Crown Prosecutor's opening could appropriately be addressed by the Crown making a correction and the judge confirming to the jury that an opening is not evidence.

Jurisdiction
Australia
Judgment Date
20 October 2009
Procedural Posture
Criminal Trial / Application to Discharge the Jury During Evidence in Chief
Outcome
The application is refused.
Legal Topics
['jury Trial' "crown Prosecutor's Opening" 'identification Evidence' 'application to Discharge Jury' 'jury Direction']
['criminal Law' 'criminal Procedure'] ['jury Trial' "crown Prosecutor's Opening" 'identification Evidence' 'application to Discharge Jury' 'jury Direction']

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Procedural Posture

Criminal Trial / Application to Discharge the Jury During Evidence in Chief

Legal Issues

  1. 1 ["Whether the jury should be discharged because the Crown Prosecutor's opening was capable of suggesting that the complainant would identify the accused as one of the persons who carried him to the car when that was not the Crown's case." 'Whether any possible prejudice from the Crown opening could be addressed by a correction and a direction that an opening is not evidence.']

Ratio Decidendi

The jury should not be discharged because any possible prejudice caused by the Crown Prosecutor's opening could appropriately be addressed by the Crown making a correction and the judge confirming to the jury that an opening is not evidence.

Court Disposition

The application is refused.

Orders

  • ['The application is refused.']