When should a judge stop a trial?

Hemming, Andrew (2013) When should a judge stop a trial? University of Notre Dame Australia Law Review, 15 (1). pp. 56-82. ISSN 1441-9769

[img]
Preview
Text (Published Version)
Hemming_UNDALR_2013_PV.pdf

Download (4Mb) | Preview

Abstract

This article is focused on what should happen in a criminal
trial when the trial judge has serious reservations about the strength of the prosecution’s case as the evidence unfolds,or mid-trial the prosecution changes its case against the accused. Two recent cases are used as the vehicle for the analysis. In Wood v R, the New South Wales Court of Criminal Appeal demolished the prosecution case and attacked the Crown prosecutor for failing to put the case fairly to the jury by resorting to fiction, impermissible reasoning and innuendo. In Patel v The Queen, the High Court found that a miscarriage of justice had occurred because on the 43rd day of a 58 day trial, the prosecution had radically changed its case in a way that rendered irrelevant much of the evidence that had been admitted. Such appellate court criticism invites the question: when should a trial judge stop a trial?


Statistics for USQ ePrint 24477
Statistics for this ePrint Item
Item Type: Article (Commonwealth Reporting Category C)
Refereed: Yes
Item Status: Live Archive
Additional Information: Copyright of materials published in UNDALR is vested in the University of Notre Dame Australia School of Law and in each author with respect to his/her contribution.
Faculty / Department / School: Current - Faculty of Business, Education, Law and Arts - School of Law and Justice
Date Deposited: 01 Feb 2014 01:24
Last Modified: 26 Sep 2014 01:20
Uncontrolled Keywords: evidence; strength of prosecution case; fairness of Crown Prosecutor
Fields of Research : 18 Law and Legal Studies > 1801 Law > 180110 Criminal Law and Procedure
Socio-Economic Objective: C Society > 94 Law, Politics and Community Services > 9404 Justice and the Law > 940403 Criminal Justice
URI: http://eprints.usq.edu.au/id/eprint/24477

Actions (login required)

View Item Archive Repository Staff Only