R v Gordon (No 7) [2017] NSWSC 195

R v Gordon (No 7) [2017] NSWSC 195

The circumstances did not give rise to an apprehension of bias because the note did not indicate that the juror's thinking about the case had been affected, there was no reason to suppose the juror would disobey the direction not to discuss the matter with other jurors, the other jurors were not shown to have been affected, and any concern could be addressed by reinforcing directions about impartial, dispassionate and unprejudiced reasoning.

Jurisdiction
Australia
Judgment Date
03 March 2017
Procedural Posture
Criminal Law / Application for Discharge of the Jury on the Basis of Apprehended Bias
Outcome
Application refused.
Legal Topics
['discharge of Jury' 'apprehended Bias' 'jury Impartiality' 'jury Directions']
['criminal Law'] ['discharge of Jury' 'apprehended Bias' 'jury Impartiality' 'jury Directions']

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Procedural Posture

Criminal Law / Application for Discharge of the Jury on the Basis of Apprehended Bias

Legal Issues

  1. 1 ["Whether comments made outside the courthouse to a juror gave rise to an apprehension that the juror or jury might not bring an impartial mind to the accused's guilt or innocence." 'Whether any apprehension of bias could be addressed by further directions to the jury rather than discharging the jury.']

Ratio Decidendi

The circumstances did not give rise to an apprehension of bias because the note did not indicate that the juror's thinking about the case had been affected, there was no reason to suppose the juror would disobey the direction not to discuss the matter with other jurors, the other jurors were not shown to have been affected, and any concern could be addressed by reinforcing directions about impartial, dispassionate and unprejudiced reasoning.

Court Disposition

Application refused.

Orders

  • ['Application for discharge of the jury on the basis of apprehended bias refused.']