MG v R [2007] NSWCCA 57

MG v R [2007] NSWCCA 57

Ms Cunneen breached relevant Bar Rules and Prosecution Guidelines, publicly expressing views about the applicant's guilt and making comments likely to be republished in the media, leading to an appearance of partiality and lack of detachment. The combination of these breaches and complaints about her conduct created a risk that a fair minded observer would apprehend the trial could not be fairly prosecuted by her and justice would not be seen to be done. Thus, the trial must be stayed until a different Crown Prosecutor is appointed to ensure both the reality and appearance of a fair trial.

Parties
Applicant: MG; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
05 March 2007
Procedural Posture
Criminal Appeal / Interlocutory Appeal From District Court Order, Before Trial
Legal Topics
Stay of Proceedings, Role and Duty of Crown Prosecutor, Pre Trial Publicity, Breach of Bar Rules, Fair Trial, Apprehended Bias
Criminal Law Legal Profession Stay of Proceedings Role and Duty of Crown Prosecutor Pre Trial Publicity Breach of Bar Rules Fair Trial Apprehended Bias

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Party arguments 2
Sign in to unlock

Parties

MG

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Interlocutory Appeal From District Court Order, Before Trial

Legal Issues

  1. 1 Whether the conduct of the Crown Prosecutor (Ms Cunneen) and related media publicity warranted a stay or removal of the prosecutor to ensure a fair trial
  2. 2 Whether the applicant was denied a fair trial by the prosecutor's public conduct and comments
  3. 3 Whether the appearance of fairness and impartiality in the administration of justice had been compromised

Ratio Decidendi

Ms Cunneen breached relevant Bar Rules and Prosecution Guidelines, publicly expressing views about the applicant's guilt and making comments likely to be republished in the media, leading to an appearance of partiality and lack of detachment. The combination of these breaches and complaints about her conduct created a risk that a fair minded observer would apprehend the trial could not be fairly prosecuted by her and justice would not be seen to be done. Thus, the trial must be stayed until a different Crown Prosecutor is appointed to ensure both the reality and appearance of a fair trial.