Proceeding: Reasons for rulings given during trial as to admissibility of evidence, discharge of jury member
Facts: The accused was charged with murdering his ex-partner. He denied any involvement with her death and told police he believed another man or bikies associated with him likely murdered the victim. During the course of the trial, several witnesses were asked what they knew of the other man and his association with the victim and the accused. The prosecution sought to partially exclude evidence of three witnesses about what the accused had told them about people, including the other man, behaving suspiciously around him.
During the trial Blokland J received a note from a juror that alleged three of the other jurors considered the accused guilty until convinced otherwise (Ashley v R  NTCCA 2, ). The accused’s Counsel requested the jury be discharged.
Decision and reasoning:
NB: The ruling not to discharge the jury was held to be an error on appeal in Ashley v R  NTCCA 2. The conviction was quashed and a retrial was ordered.