R v Mahmoud Dib [2002] NSWCCA 409

R v Mahmoud Dib [2002] NSWCCA 409

It could not be established that the trial judge's discretion miscarried in refusing to discharge the jury or stay proceedings, as it was not possible to say any potential prejudice could not be repaired by appropriate jury directions, particularly given the trial was continuing.

Jurisdiction
Australia
Judgment Date
03 October 2002
Procedural Posture
Criminal Appeal / Application for Leave Under S 5 F of the Crimes Act 1900
Outcome
Application dismissed
Legal Topics
['application for Leave Under S 5 F of the Crimes Act 1900' 'discharge Application' 'trial Judge Discretion' 'jury Direction']
['criminal Law'] ['application for Leave Under S 5 F of the Crimes Act 1900' 'discharge Application' 'trial Judge Discretion' 'jury Direction']

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Procedural Posture

Criminal Appeal / Application for Leave Under S 5 F of the Crimes Act 1900

Legal Issues

  1. 1 ["Whether the trial judge's discretion miscarried in refusing a discharge or a stay after an impermissible in-court identification and a potentially prejudicial question by the Crown"]

Ratio Decidendi

It could not be established that the trial judge's discretion miscarried in refusing to discharge the jury or stay proceedings, as it was not possible to say any potential prejudice could not be repaired by appropriate jury directions, particularly given the trial was continuing.

Court Disposition

Application dismissed

Orders

  • ['Application for leave under s 5F of the Crimes Act 1900 dismissed']