R (Cth) v Mohr (No. 4) [2020] NSWSC 1940

R (Cth) v Mohr (No. 4) [2020] NSWSC 1940

The combination of observed conduct, inquiries about the accused, and juror's levity during proceedings was sufficient to give rise to a reasonable apprehension of bias, warranting discharge under s 53B(b) or, in the alternative, s 53B(d) Jury Act 1977 (NSW).

Parties
Prosecution: Regina (Crown); Accused: Darren Mohr
Jurisdiction
Australia
Judgment Date
28 February 2020
Procedural Posture
Criminal / Trial – Discharge of Juror
Outcome
Juror discharged
Legal Topics
Discharge of Juror, Impartiality of Juror, Jury Act Application, Reasonable Apprehension of Bias
Criminal Law Discharge of Juror Impartiality of Juror Jury Act Application Reasonable Apprehension of Bias

Case Brief

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Parties

Regina (Crown)

Prosecution

Darren Mohr

Accused

Procedural Posture

Criminal / Trial – Discharge of Juror

Legal Issues

  1. 1 Whether the juror's conduct gave rise to a reasonable apprehension of bias warranting discharge.
  2. 2 Whether the juror's ability to perform his functions was affected under Jury Act provisions.

Ratio Decidendi

The combination of observed conduct, inquiries about the accused, and juror's levity during proceedings was sufficient to give rise to a reasonable apprehension of bias, warranting discharge under s 53B(b) or, in the alternative, s 53B(d) Jury Act 1977 (NSW).

Court Disposition

Juror discharged

Orders

  • The juror is discharged under s 53B(b) and/or s 53B(d) Jury Act 1977 (NSW)