R v Qaumi & Ors (No 36) [2016] NSWSC 718

R v Qaumi & Ors (No 36) [2016] NSWSC 718

Given the juror's acknowledged acquaintance with an important witness anticipated to give controversial evidence, and in light of the objective test for apprehended bias, a fair-minded observer might reasonably apprehend that the juror might not bring an impartial mind to the evidence, even after allowing for the passage of time, the distant nature of the relationship, and the juror's denial of subjective bias; accordingly, the discretionary power under s 53B(b) Jury Act 1977 (NSW) required the juror’s discharge. Further, as there was no evidence that other jurors were affected or that continuing would pose a risk of substantial miscarriage of justice, the trial was directed to continue...

Jurisdiction
Australia
Judgment Date
06 June 2016
Procedural Posture
Criminal / During Trial (mid Trial Procedural Ruling on Discharge of a Juror)
Outcome
Application to discharge the juror granted; trial to continue with 14 jurors.
Legal Topics
['discharge of Juror' 'apprehended Bias' 'jury Act 1977 (nsw) Procedures' 'impartiality of Jury' 'discretion to Continue Trial After Discharge']
['criminal Law' 'jury Procedure'] ['discharge of Juror' 'apprehended Bias' 'jury Act 1977 (nsw) Procedures' 'impartiality of Jury' 'discretion to Continue Trial After Discharge']

Case Brief

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Procedural Posture

Criminal / During Trial (mid Trial Procedural Ruling on Discharge of a Juror)

Legal Issues

  1. 1 ["Whether the juror's past acquaintance with an important witness gives rise to a reasonable apprehension of bias requiring discharge under s 53B(b) of the Jury Act 1977 (NSW)" 'Whether the trial should continue with a reduced number of jurors after discharge under s 53C(1) of the Jury Act 1977 (NSW)']

Ratio Decidendi

Given the juror's acknowledged acquaintance with an important witness anticipated to give controversial evidence, and in light of the objective test for apprehended bias, a fair-minded observer might reasonably apprehend that the juror might not bring an impartial mind to the evidence, even after allowing for the passage of time, the distant nature of the relationship, and the juror's denial of subjective bias; accordingly, the discretionary power under s 53B(b) Jury Act 1977 (NSW) required the juror’s discharge. Further, as there was no evidence that other jurors were affected or that continuing would pose a risk of substantial miscarriage of justice, the trial was directed to continue...

Court Disposition

Application to discharge the juror granted; trial to continue with 14 jurors.

Orders

  • ['Pursuant to s 53B(b) of the Jury Act 1977 (NSW), Juror 00393293 is discharged.' 'Pursuant to s 53C(1) of the Jury Act 1977 (NSW), the trial is to continue with a reduced number (14) jurors.']