R v JH (No 3) [2014] NSWSC 1966

R v JH (No 3) [2014] NSWSC 1966

The juror's internet search for images of the deceased and viewing of an image including the deceased's parents holding a photograph of him was an inquiry capable of obtaining information about a matter relevant to the trial, was not a proper exercise of the juror's functions, and was in breach of the judge's directions and s 68C of the Jury Act 1977. The image was extraneous material capable of eliciting strong emotion and had the potential to affect the juror's objective and impartial performance. The juror was therefore discharged pursuant to s 53B of the Jury Act 1977 and issued a certificate pursuant to s 55DA.

Jurisdiction
Australia
Judgment Date
28 August 2014
Procedural Posture
Criminal Trial / Procedural Ruling on Application to Discharge a Juror for Alleged Misconduct During Trial
Outcome
The juror was discharged from the jury and issued a certificate; the trial proceeded with the eleven remaining jurors.
Legal Topics
['juror Misconduct' 'internet Research by Juror' 'discharge of Juror' 'extraneous Material' 'fair Trial by Impartial Jury']
['criminal Law' 'jury Law' 'evidence'] ['juror Misconduct' 'internet Research by Juror' 'discharge of Juror' 'extraneous Material' 'fair Trial by Impartial Jury']

Case Brief

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Procedural Posture

Criminal Trial / Procedural Ruling on Application to Discharge a Juror for Alleged Misconduct During Trial

Legal Issues

  1. 1 ["Whether a juror's internet search for a photograph of the deceased constituted an inquiry for the purpose of obtaining information about the accused or any matters relevant to the trial within s 68C of the Jury Act 1977." "Whether the juror's conduct amounted to misconduct or otherwise affected the juror's ability to perform the functions of a juror so that the juror should be discharged." 'Whether a direction to the jury would be sufficient instead of discharging the juror.']

Ratio Decidendi

The juror's internet search for images of the deceased and viewing of an image including the deceased's parents holding a photograph of him was an inquiry capable of obtaining information about a matter relevant to the trial, was not a proper exercise of the juror's functions, and was in breach of the judge's directions and s 68C of the Jury Act 1977. The image was extraneous material capable of eliciting strong emotion and had the potential to affect the juror's objective and impartial performance. The juror was therefore discharged pursuant to s 53B of the Jury Act 1977 and issued a certificate pursuant to s 55DA.

Court Disposition

The juror was discharged from the jury and issued a certificate; the trial proceeded with the eleven remaining jurors.

Orders

  • ['The juror be discharged from the jury pursuant to s 53B of the Jury Act 1977.' 'The juror be issued a certificate pursuant to s 55DA of the Jury Act 1977.']