R v Jacobs (No 3) [2013] NSWSC 944

R v Jacobs (No 3) [2013] NSWSC 944

The jury was not discharged because the Crown Prosecutor's opening was an appropriate exposition of the Crown case rather than improper persuasion, the rhetorical question was directed to the prosecution case and did not risk reversing the onus of proof, and the reference to Mr Price not being compelled to speak to police was not significant enough to warrant discharge.

Jurisdiction
Australia
Judgment Date
17 June 2013
Procedural Posture
Criminal / Application to Discharge the Jury After the Crown Prosecutor's Opening Address
Outcome
The application to discharge the jury is refused.
Legal Topics
['discharge of Jury' 'crown Opening Address' 'rhetorical Questions' 'onus of Proof' 'right to Silence']
['criminal Law' 'criminal Procedure'] ['discharge of Jury' 'crown Opening Address' 'rhetorical Questions' 'onus of Proof' 'right to Silence']

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Procedural Posture

Criminal / Application to Discharge the Jury After the Crown Prosecutor's Opening Address

Legal Issues

  1. 1 ["Whether the Crown Prosecutor's opening crossed the line from setting out expected evidence into forensic persuasion." 'Whether a rhetorical question in the Crown opening had the potential impermissibly to reverse the onus of proof.' 'Whether the Crown Prosecutor should have referred to Mr Terry Price being under no compulsion to speak to police when interviewed.']

Ratio Decidendi

The jury was not discharged because the Crown Prosecutor's opening was an appropriate exposition of the Crown case rather than improper persuasion, the rhetorical question was directed to the prosecution case and did not risk reversing the onus of proof, and the reference to Mr Price not being compelled to speak to police was not significant enough to warrant discharge.

Court Disposition

The application to discharge the jury is refused.

Orders

  • ['The application to discharge the jury is refused.']