R v Cunningham; R v Moarefi (No 5)
[2021] ACTSC 195
SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
Case Title: | R v Cunningham; R v Moarefi (No 5) |
Citation: | [2021] ACTSC 195 |
Hearing Date: | 8 July 2021 |
DecisionDate: | 8 July 2021 |
Before: | Burns J |
Decision: | See [2] |
Catchwords: | CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – Application in proceeding – application to discharge the jury |
Parties: | The Queen (Crown) Christopher Cunningham (Accused) Benjamin James Moarefi (Accused) |
Representation: | Counsel M Dyason (Crown) T Jackson (Accused) A Haban-Beer and F Livingstone Clark (Accused) |
| Solicitors ACT Director of Public Prosecutions (Crown) Legal Aid ACT (Accused) Boxall Legal (Accused) | |
File Numbers: | SCC 214 of 2019; SCC 215 of 2019; SCC 270 of 2019 |
BURNS J:
Members of the jury, matters have arisen which mean that the trial cannot continue at this time. One of the witnesses who is to be called by the Crown has provided further information to the prosecutor and that information has been passed on to each of the accused. That information is a matter of some potential significance in relation to the allegations against each of the accused. Steps will need to be taken by the accused persons as a result of that information coming to light.
The consequence is that the trial will not be able to proceed within the foreseeable future and rather than adjourning the trial in the hope that we might be able to restart next week, which frankly I think is a forlorn hope, I am going to take the step which I think is the lesser of two evils and discharge you as a jury at the present time. If the Director of Public Prosecutions determines to proceed with the charges, the accused will have to be retried at a later date.
I regret the inconvenience that this has caused but I see no other option at the present time than to proceed in this way, so you are now discharged and you may go.
| I certify that the preceding three [3] numbered paragraphs are a true copy of the Reasons for Judgment of his Honour Justice Burns. Associate: Date: |
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