R v Do (No. 3) [2015] NSWSC 144

R v Do (No. 3) [2015] NSWSC 144

The application to discharge the jury was refused as the prejudice occasioned by the volunteered information could be overcome by a clear direction to the jury, the Crown's position affirming the accused's good character, and the Crown's commitment not to rely upon the evidence in argument.

Jurisdiction
Australia
Judgment Date
04 March 2015
Procedural Posture
Criminal / Interlocutory Ruling on Application to Discharge Jury
Outcome
Defence's application to discharge jury refused
Legal Topics
['jury Discharge' 'prejudice' 'witness Evidence' 'good Character Evidence']
['criminal Law'] ['jury Discharge' 'prejudice' 'witness Evidence' 'good Character Evidence']

Case Brief

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Procedural Posture

Criminal / Interlocutory Ruling on Application to Discharge Jury

Legal Issues

  1. 1 ['Whether the jury should be discharged after a witness volunteered prejudicial information contrary to an evidentiary agreement' 'Whether any prejudice could be cured by jury directions']

Ratio Decidendi

The application to discharge the jury was refused as the prejudice occasioned by the volunteered information could be overcome by a clear direction to the jury, the Crown's position affirming the accused's good character, and the Crown's commitment not to rely upon the evidence in argument.

Court Disposition

Defence's application to discharge jury refused

Orders

  • ['Jury will not be discharged' 'A direction will be given to the jury to disregard the prejudicial evidence']