REGINA v LOWE [2003] NSWCCA 303

REGINA v LOWE [2003] NSWCCA 303

No error in discretion has been established; the District Court judge appropriately considered the nature and extent of the publicity, which can be addressed by directions to the jury at trial.

Parties
Applicant: Simon Lowe; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
28 August 2003
Procedural Posture
Criminal Appeal / Application for Leave to Appeal
Outcome
Leave to appeal granted; application dismissed.
Legal Topics
Exercise of Judicial Discretion, Pre Trial Publicity, Onus of Proof
Criminal Law Exercise of Judicial Discretion Pre Trial Publicity Onus of Proof

Case Brief

Summary, issues, holding and outcome

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Parties

Simon Lowe

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Application for Leave to Appeal

Legal Issues

  1. 1 Whether the District Court judge erred in refusing to vacate the trial date due to pre-trial publicity.
  2. 2 Whether an abuse of process has occurred in the exercise of discretion.

Ratio Decidendi

No error in discretion has been established; the District Court judge appropriately considered the nature and extent of the publicity, which can be addressed by directions to the jury at trial.

Court Disposition

Leave to appeal granted; application dismissed.

Orders

  • Leave to appeal be granted.
  • The application be dismissed.