R v Newson; R v Cunneen (No 1) [2019] NSWSC 875

R v Newson; R v Cunneen (No 1) [2019] NSWSC 875

The jury's exposure to highly prejudicial and inadmissible evidence of historical sexual assault could not be remedied by judicial direction, resulting in irreparable damage to the accuseds' right to a fair trial. Therefore, applications to discharge the jury were granted.

Jurisdiction
Australia
Judgment Date
11 July 2019
Procedural Posture
Criminal / Trial (jury Discharge Application)
Outcome
Applications to discharge the jury granted
Legal Topics
['discharge of Jury' 'tendency Evidence' 'prejudicial Evidence' 'accessory After the Fact']
['criminal Law'] ['discharge of Jury' 'tendency Evidence' 'prejudicial Evidence' 'accessory After the Fact']

Case Brief

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Procedural Posture

Criminal / Trial (jury Discharge Application)

Legal Issues

  1. 1 ['Whether the jury should be discharged due to irreparably prejudicial and irrelevant evidence of historical sexual assault being adduced' 'Whether the prejudice from inadmissible evidence can be cured by judicial directions']

Ratio Decidendi

The jury's exposure to highly prejudicial and inadmissible evidence of historical sexual assault could not be remedied by judicial direction, resulting in irreparable damage to the accuseds' right to a fair trial. Therefore, applications to discharge the jury were granted.

Court Disposition

Applications to discharge the jury granted

Orders

  • ['The jury will be discharged when convened tomorrow morning']