R v Watson [2022] NSWSC 1243

R v Watson [2022] NSWSC 1243

The witness juror was discharged because the trial was exacerbating his mental health issues and returning him to the jury room would be untenable. The remaining jury was discharged because disclosure of Jury Note 3 revealed aspects of jury deliberations to the parties, creating a real risk that submissions could be consciously or unconsciously tailored, and because multiple disclosed irregularities showed jurors had disregarded directions, including by jury-room discussion, internet or other inquiries about Gerogery, and deliberation when the full jury was not present. Considered as a whole, those matters materially compromised the trial and continuing with the remaining jurors would...

Jurisdiction
Australia
Judgment Date
15 September 2022
Procedural Posture
Criminal Trial on Indictment for Murder / Procedural Ruling on Discharge of Individual Juror and Remaining Jury During Trial
Outcome
Witness juror discharged; remaining jury discharged; new trial ordered; specified orders stayed for a short period.
Legal Topics
['discharge of Juror' 'discharge of Jury' 'juror Misconduct' 'jury Deliberations' 'internet Searches by Jurors' 'risk of Substantial Miscarriage of Justice']
['criminal Law' 'jury Law' 'criminal Procedure'] ['discharge of Juror' 'discharge of Jury' 'juror Misconduct' 'jury Deliberations' 'internet Searches by Jurors' 'risk of Substantial Miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal Trial on Indictment for Murder / Procedural Ruling on Discharge of Individual Juror and Remaining Jury During Trial

Legal Issues

  1. 1 ['Whether the witness juror should be discharged under s 53B of the Jury Act 1977 (NSW).' 'Whether continuation of the trial with the remaining jurors would give rise to the risk of a substantial miscarriage of justice under s 53C(1)(a) of the Jury Act 1977 (NSW).' 'Whether disclosed jury-room communications and alleged juror internet inquiries materially compromised the trial and jury deliberations.' 'Whether further inquiry of remaining jurors was necessary before deciding whether to discharge the remaining jury.']

Ratio Decidendi

The witness juror was discharged because the trial was exacerbating his mental health issues and returning him to the jury room would be untenable. The remaining jury was discharged because disclosure of Jury Note 3 revealed aspects of jury deliberations to the parties, creating a real risk that submissions could be consciously or unconsciously tailored, and because multiple disclosed irregularities showed jurors had disregarded directions, including by jury-room discussion, internet or other inquiries about Gerogery, and deliberation when the full jury was not present. Considered as a whole, those matters materially compromised the trial and continuing with the remaining jurors would...

Court Disposition

Witness juror discharged; remaining jury discharged; new trial ordered; specified orders stayed for a short period.

Orders

  • ['Pursuant to s 53B of the Jury Act 1977 (NSW) ("the Act"), the witness juror is discharged.' 'Pursuant to s 53C(1)(a) of the Act, the remaining jury is discharged.' 'Order a new trial.' 'List the matter in the Arraignment List at 10:00am on 7 October 2022.' 'Subject to further order of this Court or the Court of...