R v Rice & ors (No 2) [2014] NSWSC 1447

R v Rice & ors (No 2) [2014] NSWSC 1447

No discharge is warranted as the sole juror's search for accused Rice returned no results and there is no evidence of exposure to prejudicial material; there was no risk to trial fairness from pre-trial publicity under these circumstances.

Jurisdiction
Australia
Judgment Date
21 October 2014
Procedural Posture
Criminal Trial / Preliminary Ruling Application for Discharge of Jury
Outcome
Application for discharge of jury refused.
Legal Topics
['pre Trial Publicity' 'jury Discharge Application']
['criminal Law'] ['pre Trial Publicity' 'jury Discharge Application']

Case Brief

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Procedural Posture

Criminal Trial / Preliminary Ruling Application for Discharge of Jury

Legal Issues

  1. 1 ['Whether the jury should be discharged due to pre-trial publicity and alleged internet search by a juror']

Ratio Decidendi

No discharge is warranted as the sole juror's search for accused Rice returned no results and there is no evidence of exposure to prejudicial material; there was no risk to trial fairness from pre-trial publicity under these circumstances.

Court Disposition

Application for discharge of jury refused.

Orders

  • ['The application for a discharge of the jury is refused.']