Mikael v Regina [2015] NSWCCA 294

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Mikael v Regina [2015] NSWCCA 294 Hearing dates: 14 October 2015 Decision date: 25 November 2015 Before: Macfarlan JA at [1] Hall J at [2] Bellew J at [54] Decision: Appeal dismissed Catchwords: CRIMINAL LAW – Appeal against conviction – Whether trial judge erred by failing to discharge the jury – Jury concerned photo had been taken of them by person in the back of the courtroom – Trial judge investigated incident and determined no photograph had been taken – Trial judge gave direction to the jury – Jury indicated that they had no further requests or concerns in relation to the incident – Trial judge held that there was no prejudice to the accused in those circumstances such as to warrant a discharge of the jury – Principles relating to discharge of jury – Held that finding of trial judge that no prejudice had resulted was sound – No error of fact or law established – Appeal dismissed Cases Cited: Black v R (1993) 179 CLR 44 Crofts v R (1996) 186 CLR 427 Lyndon v R [2014] NSWCCA 112 R v Pearson (2000) 114 A Crim R 80 Webb & Hay v The Queen (1994) 181 CLR 41 Category: Principal judgment Parties: Afif Mikael (Applicant) Regina (Respondent) Representation: Counsel: M Robinson SC (Applicant) S Dowling SC (Respondent)

Solicitors: Elliot Lawyers (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2011/3653 Decision under appeal Court or tribunal: District Court Date of Decision: 24 April 2014 Before: Hock DCJ File Number(s): 2011/3653