R v Symons 2018 NZDC 7247

Published 15 March 2019

Application for a mistrial — male assaults female — assault with intent to injure — prejudicial evidence. The defendant was on trial for alleged male assaults female charges and assault with intent to injure relating to two incidents. The jury trial was at the cross-examination stage and Crown counsel intended to give evidence that would reveal the defendant had previously been in jail. It was submitted that this would be prejudicial against the defendant, and a direction to the jury not to factor the information would be inadequate. The Judge noted the usual course of action in these types of situations was to give an appropriate direction to the jury. So far the jury had been careful and attentive and the defence could present no real reason why a direction would not be sufficient. Thus the application for a mistrial was dismissed. Judgment Date: 13 April 2018.