Skaf, Bilal v R Skaf, Mohammed v R

Even in cases of extreme and sustained media publicity over several years, including identification of the accused as a convicted rapist, a permanent stay will not be granted where the high point of publicity was years before trial and the trial judge gave extensive and repeated directions. The availability of prejudicial material on the internet does not of itself warrant a permanent stay. Evidence of an offender's self-identification (e.g., introducing himself by a name linking him to a known associate of the complainant) forms part of the identification process and may properly be left to the jury as supporting identification, rather than being treated as extraneous circumstantial evidence impermissibly bolstering weak identification. Where an offender is already serving very lengthy sentences for related criminal episodes, the principle of totality requires that additional sentences for further offences not extend the aggregate term beyond what is reasonably required to achieve the objects of deterrence and denunciation.