R v Holmes [2020] NSWSC 103

R v Holmes [2020] NSWSC 103

The juror's frequent and ongoing social connection with the accused's mother created a real and not remote possibility that the juror might favour or disfavour the accused because of that relationship, causing an informed lay apprehension that the juror might not act impartially. Because the juror may already have recognised the accused's mother and may have communicated her views to other jurors, and because the trial had only just commenced, the interests of justice and fairness required discharge of the whole jury.

Jurisdiction
Australia
Judgment Date
05 February 2020
Procedural Posture
Criminal Trial for Murder / Procedural Ruling on Application to Discharge a Juror and Whether to Discharge the Whole Jury
Outcome
Juror disqualified and whole jury discharged.
Legal Topics
['application to Discharge Jury' 'apprehended Bias' 'juror Impartiality' 'fair Trial' 'discharge of Juror']
['criminal Procedure'] ['application to Discharge Jury' 'apprehended Bias' 'juror Impartiality' 'fair Trial' 'discharge of Juror']

Case Brief

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Procedural Posture

Criminal Trial for Murder / Procedural Ruling on Application to Discharge a Juror and Whether to Discharge the Whole Jury

Legal Issues

  1. 1 ["Whether a juror who attended the same line-dancing activity as the accused's mother twice each week for the last 2 years was disqualified by apprehended bias." 'Whether the whole jury should be discharged because the apprehension of bias concerning one juror might have infected the jury more broadly.']

Ratio Decidendi

The juror's frequent and ongoing social connection with the accused's mother created a real and not remote possibility that the juror might favour or disfavour the accused because of that relationship, causing an informed lay apprehension that the juror might not act impartially. Because the juror may already have recognised the accused's mother and may have communicated her views to other jurors, and because the trial had only just commenced, the interests of justice and fairness required discharge of the whole jury.

Court Disposition

Juror disqualified and whole jury discharged.

Orders

  • ['That the juror known to Ms Holmes is disqualified from service on the jury and should be discharged. I will not discharge her separately given what I have decided about the whole jury.' 'The whole jury should be discharged for the reasons I have expressed.']