R v Finley [2016] NSWSC 327

R v Finley [2016] NSWSC 327

Given the juror’s prior knowledge and positive assessment of the deceased and his mother, as well as her communication of those assessments to the other jurors, both the individual juror and then the entire jury were discharged to avoid risk of substantial miscarriage of justice, particularly given the gravity of the charges and the centrality of credibility assessments.

Jurisdiction
Australia
Judgment Date
22 March 2016
Procedural Posture
Criminal / Jury Discharge Ruling Prior to Trial Continuation
Outcome
Individual juror and remainder of the jury discharged; trial to recommence with a new jury.
Legal Topics
['jury Discharge' 'juror Impartiality' 'contaminated Jury' 'criminal Trial Procedure']
['criminal Law' 'procedure'] ['jury Discharge' 'juror Impartiality' 'contaminated Jury' 'criminal Trial Procedure']

Case Brief

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Procedural Posture

Criminal / Jury Discharge Ruling Prior to Trial Continuation

Legal Issues

  1. 1 ['Whether an individual juror should be discharged for prior knowledge and assessments of parties involved in the trial' "Whether the remainder of the jury should be discharged due to contamination by a juror's statements"]

Ratio Decidendi

Given the juror’s prior knowledge and positive assessment of the deceased and his mother, as well as her communication of those assessments to the other jurors, both the individual juror and then the entire jury were discharged to avoid risk of substantial miscarriage of justice, particularly given the gravity of the charges and the centrality of credibility assessments.

Court Disposition

Individual juror and remainder of the jury discharged; trial to recommence with a new jury.

Orders

  • ['An individual juror is discharged.' 'The remainder of the jury is discharged.']