Regina v MAK; Regina v MSK [2005] NSWCCA 98

Regina v MAK; Regina v MSK [2005] NSWCCA 98

The applicants failed to demonstrate that the trial judge's exercise of discretion in refusing the adjournment was attended by error, either in principle or in the treatment of the relevant considerations. The risk of prejudice to a fair trial was not established.

Jurisdiction
Australia
Judgment Date
24 March 2005
Procedural Posture
Criminal Appeal / Application for Leave to Appeal Against Interlocutory Judgment
Outcome
Application for leave to appeal refused
Legal Topics
['adjournment' 'fair Trial' 'media Publicity' 'discretion of Trial Judge']
['criminal Law'] ['adjournment' 'fair Trial' 'media Publicity' 'discretion of Trial Judge']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Criminal Appeal / Application for Leave to Appeal Against Interlocutory Judgment

Legal Issues

  1. 1 ['Whether pre-trial media publicity gave rise to a real risk of prejudice to a fair trial' 'Whether the trial judge erred in exercising discretion by refusing adjournment' 'Whether publicity about similar cases or public speeches compounded a risk of unfair trial']

Ratio Decidendi

The applicants failed to demonstrate that the trial judge's exercise of discretion in refusing the adjournment was attended by error, either in principle or in the treatment of the relevant considerations. The risk of prejudice to a fair trial was not established.

Court Disposition

Application for leave to appeal refused

Orders

  • ['Leave to appeal is refused']