Case type: Application to discharge jury.
Facts: The defendant was on trial for stabbing his former partner. His son gave evidence that the defendant usually carried a knife. Defence counsel applied to discharge the jury on the ground that the ‘propensity evidence’ was highly inflammatory and could not be cured by a direction (). The next day, a newspaper article was published about the son’s evidence (-).
Issues: Whether the jury should be discharged.
Decision and Reasoning: Jane Dixon J declined to discharge the jury (, ). Her Honour considered that any prejudice to the accused could be cured by a direction to the jury (). Her Honour gave two anti-tendency warnings (, ), and intended to give another curative direction in her Honour’s final address ().