R v Freer
Case
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[2021] SADC 81
•6 July 2021
Details
AGLC
Case
Decision Date
R v Freer [2021] SADC 81
[2021] SADC 81
6 July 2021
CaseChat Overview and Summary
The appellant was charged with one count of attempted murder and two counts of attempted aggravated burglary. The case came before the court of appeal to challenge the trial judge’s decision to discharge the jury. The trial judge had found there was no case to answer after closing addresses had been completed. The appellant argued that the trial judge was not permitted to discharge the jury at this stage and that the decision was not supported by the evidence.
The court examined the lawfulness of the trial judge’s decision to discharge the jury. The appellant argued that the trial judge did not have the power to discharge the jury after closing addresses had been completed. The court noted that the power of a trial judge to discharge a jury was not an absolute one and was subject to certain conditions. The court held that the trial judge was entitled to find there was no case to answer at any stage before the case was left to the jury. The court held that the trial judge was not required to leave the case to the jury if there was no evidence capable of supporting a conviction. The court also held that the trial judge was entitled to discharge the jury if it was satisfied that there was no evidence capable of supporting a conviction.
The court found that the trial judge was correct to discharge the jury. The court found that there was no evidence capable of supporting a conviction on counts 2 and 3. The court found that the evidence was insufficient to support a conviction on count 1. The court found that the trial judge was correct to discharge the jury on count 1.
The jury will be directed to acquit the accused on counts 2 and 3. The jury will be discharged on count 1.
The court examined the lawfulness of the trial judge’s decision to discharge the jury. The appellant argued that the trial judge did not have the power to discharge the jury after closing addresses had been completed. The court noted that the power of a trial judge to discharge a jury was not an absolute one and was subject to certain conditions. The court held that the trial judge was entitled to find there was no case to answer at any stage before the case was left to the jury. The court held that the trial judge was not required to leave the case to the jury if there was no evidence capable of supporting a conviction. The court also held that the trial judge was entitled to discharge the jury if it was satisfied that there was no evidence capable of supporting a conviction.
The court found that the trial judge was correct to discharge the jury. The court found that there was no evidence capable of supporting a conviction on counts 2 and 3. The court found that the evidence was insufficient to support a conviction on count 1. The court found that the trial judge was correct to discharge the jury on count 1.
The jury will be directed to acquit the accused on counts 2 and 3. The jury will be discharged on count 1.
Details
Key Legal Topics
Areas of Law
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Criminal Law
Legal Concepts
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Prima Facie Case or Case to Answer
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Jury Directions
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Discharge of Jury
Actions
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Citations
R v Freer [2021] SADC 81
Most Recent Citation
Lim v Bateman [2001] WASCA 307
Cases Citing This Decision
4
Maxwell v The Queen
[1996] HCA 46
Lim v Bateman
[2001] WASCA 307
Maxwell v The Queen
[1996] HCA 46