NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: REGINA v Bruce Allan BURRELL [2006] NSWCCA 74
HEARING DATE(S): 10 March 2006 JUDGMENT OF: Spigelman CJ at 1; Simpson J at 29; Johnson J at 30
EX TEMPORE JUDGMENT DATE: 03/10/2006
DECISION: Application for leave dismissed.
CATCHWORDS: PRACTICE AND PROCEDURE– Application for leave to appeal against interlocutory decision rejecting an application for permanent stay or adjournment. - PRACTICE AND PROCEDURE – Whether pre-trial publicity about the failure of jury in previous trial to agree was of exceptional character that would undermine a fair trial. - PRACTICE AND PROCEDURE – Whether a direction to the jury panel will be sufficient to remove risk of prejudice from adverse publicity in the minds of prospective jurors. - PRACTICE AND PROCEDURE – Whether a direction to the jury not to conduct their own research will be sufficient to remove risk of prejudice from adverse publicity.
LEGISLATION CITED: Criminal Appeal Act 1912: s5F Jury Act 1977: s65(c)
PARTIES: Bruce Allan Burrell (Applicant) Regina (Respondent)
FILE NUMBER(S): CCA 535 of 2006
COUNSEL: D Dalton (Applicant) D Arnott (Respondent)
SOLICITORS: S O'Connor - Legal Aid Commission of NSW (Applicant) NSW Director of Public Prosecutions (Respondent)
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): 2002/0101
LOWER COURT JUDICIAL OFFICER: Barr J
LOWER COURT DATE OF DECISION: 10/03/2006
- 6 - IN THE COURT OF CRIMINAL APPEAL 2006/535
SPIGELMAN CJ SIMPSON J JOHNSON J
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