R v James Moore [2014] NSWSC 1955

R v James Moore [2014] NSWSC 1955

The juror was discharged as his prior acquaintance with a key witness might give rise to a reasonable apprehension of bias, thus impeding the appearance of impartiality required for confidence in the administration of justice. The entire jury was discharged, since it was early in the trial and continuing with the remaining jurors could pose a risk of substantial miscarriage of justice, especially because the juror may have discussed the matter with others.

Parties
Crown: Regina; Accused: James Kevin Moore
Jurisdiction
Australia
Judgment Date
18 November 2014
Procedural Posture
Criminal / Trial – Early Stage; Decision on Discharge of Juror and Jury
Outcome
Jury discharged; trial to recommence with new jury
Legal Topics
Jury Discharge, Impartiality of Juror, Reasonable Apprehension of Bias, Jury Act 1977 Procedures
Criminal Law Jury Discharge Impartiality of Juror Reasonable Apprehension of Bias Jury Act 1977 Procedures

Case Brief

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Parties

Regina

Crown

James Kevin Moore

Accused

Procedural Posture

Criminal / Trial – Early Stage; Decision on Discharge of Juror and Jury

Legal Issues

  1. 1 Whether a juror should be discharged due to prior knowledge of a witness
  2. 2 Whether the balance of the jury should also be discharged, requiring a new trial

Ratio Decidendi

The juror was discharged as his prior acquaintance with a key witness might give rise to a reasonable apprehension of bias, thus impeding the appearance of impartiality required for confidence in the administration of justice. The entire jury was discharged, since it was early in the trial and continuing with the remaining jurors could pose a risk of substantial miscarriage of justice, especially because the juror may have discussed the matter with others.

Court Disposition

Jury discharged; trial to recommence with new jury

Orders

  • The identified juror is discharged.
  • The entire jury is discharged.