R v McNeil (No 2) [2015] NSWSC 757

Supreme Court New South Wales

Medium Neutral Citation: R v McNeil (No 2) [2015] NSWSC 757 Hearing dates: 3 June 2015 Decision date: 03 June 2015 Jurisdiction: Common Law Before: R A Hulme J Decision: Application for discharge refused Catchwords: CRIMINAL LAW – practice and procedure – application for discharge of the jury – prejudicial media reporting of first day of trial – murder trial involving issues of violence and intoxication – photographs of accused published suggesting tendencies toward violence and intoxication – where particular directions already given regarding impartiality and objectivity in the context of prejudicial pre-trial publicity - whether appropriate directions to jury could ameliorate risk of impermissible prejudice – expectation that jurors will adhere to oaths and comply with directions issued – further directions to be given to jury – application refused Legislation Cited: Criminal Procedure Act 1986 (NSW) s 132 Jury Act 1977 (NSW) 22 68C, 55D Cases Cited: R v Jamal [2008] NSWCCA 177; 72 NSWLR 258 R v Loveridge [2014] NSWCCA 120 R v McNeil [2015] NSWSC 357 Category: Procedural and other rulings Parties: Regina Shaun Stuart McNeil Representation: Counsel: Mr E Balodis (Crown) Mr C Smith SC (Accused)

Solicitors: Solicitor for Public Prosecutions Legal Aid NSW File Number(s): 2014/222

Judgment 1. HIS HONOUR: The accused, Shaun McNeil, is on trial charged with the murder of Daniel Christie at Kings Cross on 31 December 2013. He was arrested and charged on that date and has been in custody since. The trial commenced with the empanelment of the jury on Monday 1 June 2015. 2. On the third day of the trial (3 June) Mr Smith SC, counsel for the accused, applied for the jury to be discharged because of prejudicial media reporting of the first day of the trial. He foreshadowed the possibility of the application the previous day. 3. After receiving evidence and hearing submissions I refused the application. The following are my reasons.