The test for discharge of a jury following irregular disclosure of an accused's bad character is one of necessity: the trial judge must assess whether there is a high degree of need for discharge, having regard to the seriousness of the occasion, the stage of the trial, the deliberateness of the conduct, and the likely effectiveness of a judicial direction. The stricter test suggested in R v Knape — that discharge must follow unless the disclosure could not in any way affect the jury — is not the law in Victoria.
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