R v Qaumi & Ors (No 41) [2016] NSWSC 857

R v Qaumi & Ors (No 41) [2016] NSWSC 857

The accepted evidence showed several occasions of smiling between the young juror and some of the Qaumi accused, but the conduct was not reasonably characterised as flirtatious in any real or meaningful way and did not provide a reasonable connection to any possibility that the juror would depart from impartial decision-making on the serious issues in the trial. The overheard comment about smiling back did not establish that the juror deliberately disobeyed directions not to discuss the case or that her ability to perform the functions of a juror was affected. The application to discharge the juror under s 53B was therefore refused.

Jurisdiction
Australia
Judgment Date
23 June 2016
Procedural Posture
Criminal Trial / Prosecution Application Under S 53 B of the Jury Act 1977 (nsw) to Discharge an Individual Juror During Trial
Outcome
Application to discharge individual juror refused.
Legal Topics
['application to Discharge Juror' 'apprehended Bias' 'juror Misconduct' 'juror Directions' "reason Affecting Juror's Ability to Perform Functions"]
['criminal Law' 'jury Law' 'criminal Procedure'] ['application to Discharge Juror' 'apprehended Bias' 'juror Misconduct' 'juror Directions' "reason Affecting Juror's Ability to Perform Functions"]

Case Brief

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Procedural Posture

Criminal Trial / Prosecution Application Under S 53 B of the Jury Act 1977 (nsw) to Discharge an Individual Juror During Trial

Legal Issues

  1. 1 ['Whether smiling and other observed interactions between the young juror and some accused gave rise to a reasonable apprehension of bias requiring discharge under s 53B of the Jury Act 1977 (NSW).' 'Whether the young juror disobeyed directions not to discuss the case with the discharged juror, or whether there was another reason affecting her ability to perform the functions of a juror under s 53B(d).']

Ratio Decidendi

The accepted evidence showed several occasions of smiling between the young juror and some of the Qaumi accused, but the conduct was not reasonably characterised as flirtatious in any real or meaningful way and did not provide a reasonable connection to any possibility that the juror would depart from impartial decision-making on the serious issues in the trial. The overheard comment about smiling back did not establish that the juror deliberately disobeyed directions not to discuss the case or that her ability to perform the functions of a juror was affected. The application to discharge the juror under s 53B was therefore refused.

Court Disposition

Application to discharge individual juror refused.

Orders

  • ["The Crown's application to discharge the young juror pursuant to s 53B of the Jury Act 1977 (NSW) was refused." 'The jury was directed that there was to be no further contact with the discharged juror.' 'The jury was reminded not to discuss the case with anybody outside the jury, including communications in the...