R (Cth) v Cooper [2019] NSWSC 1122

R (Cth) v Cooper [2019] NSWSC 1122

On the evidence, the test for apprehended bias has not been met; the juror's conduct, while marked, may reflect her ordinary expressiveness, and the reasonably minded lay observer would not apprehend bias, particularly given the absence of a specific direction as to contact with the accused.

Parties
Prosecutor: Regina (Crown); Accused: Jonathan Paul Cooper
Jurisdiction
Australia
Judgment Date
29 August 2019
Procedural Posture
Criminal / Interlocutory Application During Jury Trial
Outcome
Application refused
Legal Topics
Discharge of Juror, Jury Bias, Jury Conduct, Apprehension of Bias
Criminal Law Discharge of Juror Jury Bias Jury Conduct Apprehension of Bias

Case Brief

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Parties

Regina (Crown)

Prosecutor

Jonathan Paul Cooper

Accused

Procedural Posture

Criminal / Interlocutory Application During Jury Trial

Legal Issues

  1. 1 Whether a juror should be discharged for apprehended bias due to interactions with the accused

Ratio Decidendi

On the evidence, the test for apprehended bias has not been met; the juror's conduct, while marked, may reflect her ordinary expressiveness, and the reasonably minded lay observer would not apprehend bias, particularly given the absence of a specific direction as to contact with the accused.

Court Disposition

Application refused

Orders

  • The Crown's application for discharge of the juror is refused.