R v Sio (No 3) [2013] NSWSC 1414

R v Sio (No 3) [2013] NSWSC 1414

The evidence of the foreperson and another juror was accepted over the relevant juror's denial and established that the relevant juror conducted Internet research on legal matters relating to the trial, contrary to the judge's directions and s 68C of the Jury Act 1977. That conduct amounted to misconduct in relation to the trial, requiring the juror's discharge under s 53A of the Act.

Jurisdiction
Australia
Judgment Date
23 September 2013
Procedural Posture
Criminal / Interlocutory Application During Trial Concerning Alleged Juror Misconduct and Discharge of Juror
Outcome
The relevant juror was discharged.
Legal Topics
['juror Misconduct' 'internet Research by Juror' 'discharge of Juror' 'examination of Jurors on Oath']
['criminal Law' 'jury Law'] ['juror Misconduct' 'internet Research by Juror' 'discharge of Juror' 'examination of Jurors on Oath']

Case Brief

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Procedural Posture

Criminal / Interlocutory Application During Trial Concerning Alleged Juror Misconduct and Discharge of Juror

Legal Issues

  1. 1 ['Whether the relevant juror made an inquiry by conducting Internet research about legal matters relating to the trial in contravention of the Jury Act 1977.' "Whether the relevant juror's conduct amounted to misconduct requiring mandatory discharge under s 53A of the Jury Act 1977." 'Whether s 55DA authorised examination on oath of jurors not suspected of misconduct for the purpose of investigating a possible contravention of s 68C.']

Ratio Decidendi

The evidence of the foreperson and another juror was accepted over the relevant juror's denial and established that the relevant juror conducted Internet research on legal matters relating to the trial, contrary to the judge's directions and s 68C of the Jury Act 1977. That conduct amounted to misconduct in relation to the trial, requiring the juror's discharge under s 53A of the Act.

Court Disposition

The relevant juror was discharged.

Orders

  • ['The relevant juror is discharged.']