R v Rogerson; R v McNamara (No 34) [2016] NSWSC 259

Supreme Court New South Wales

Medium Neutral Citation: R v Rogerson; R v McNamara (No 34) [2016] NSWSC 259 Hearing dates: 15 and 16 March 2016 Date of orders: 16 March 2016 Decision date: 16 March 2016 Jurisdiction: Common Law Before: Bellew J Decision: See [56] Catchwords: CRIMINAL LAW – Practice and procedure – Jury – Application to discharge jury following non-responsive answer by witness suggesting one of the accused was a "drug dealer" – Test to be applied – Necessity to act on the basis that the jury will follow and apply any direction given by the Trial Judge – Where any prejudice to the accused as a result of the evidence was capable of being dealt with by a direction to the jury – Application to discharge jury refused Legislation Cited: Evidence Act 1995 (NSW) Cases Cited: An v R [2007] NSWCCA 43 Crofts v The Queen [1996] HCA 22; (1996) 186 CLR 427 Gilbert v R [2000] HCA 15; (2000) 201 CLR 414 Mikael v R [2015] NSWCCA 294 Munday v R (1984) A Crim R 456 R v Ahola (No 6) [2013] NSWSC 703 R v Bartle [2003] NSWCCA 329 R v Boland (1974) VR 849 R v Glennon (1992) 173 CLR 592 R v Rogerson; R v McNamara (No. 33) [2016] NSWSC 247 Winsor v R (1866) LR 1 QB 390 Category: Procedural and other rulings Parties: Regina – Crown Roger Caleb Rogerson - Accused Glen Patrick McNamara – Accused Representation: Counsel: Mr C Maxwell QC - Crown Mr G Thomas – Accused Rogerson Ms K Shead – Accused McNamara