R v Khan (No 4) [2019] NSWSC 42

R v Khan (No 4) [2019] NSWSC 42

There was evidence that at least one, and possibly two, jurors had been approached by a member of the public after leaving court, and prima facie evidence that Juror W's testimony may not have been truthful. In light of Juror X's evidence and the right of all parties to a fair trial, the interests of justice required discharge of the entire jury because continuing would give rise to the risk of a substantial miscarriage of justice.

Jurisdiction
Australia
Judgment Date
05 February 2019
Procedural Posture
Criminal Trial Procedural Ruling / During Trial, on Issue of Discharge of Jury After Evidence of Jurors Being Approached Outside Court
Outcome
Entire jury discharged.
Legal Topics
['jury Discharge' 'jurors Approached Outside Court' 'fair Trial' 'substantial Miscarriage of Justice']
['criminal Law' 'criminal Procedure'] ['jury Discharge' 'jurors Approached Outside Court' 'fair Trial' 'substantial Miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal Trial Procedural Ruling / During Trial, on Issue of Discharge of Jury After Evidence of Jurors Being Approached Outside Court

Legal Issues

  1. 1 ['Whether Juror W should be questioned about information that a member of the public had approached him outside court.' 'Whether, in light of evidence that at least one and possibly two jurors had been approached by a member of the public, Juror W or the entire jury should be discharged.' 'Whether continuing the trial with the existing jury would give rise to the risk of a substantial miscarriage of justice.']

Ratio Decidendi

There was evidence that at least one, and possibly two, jurors had been approached by a member of the public after leaving court, and prima facie evidence that Juror W's testimony may not have been truthful. In light of Juror X's evidence and the right of all parties to a fair trial, the interests of justice required discharge of the entire jury because continuing would give rise to the risk of a substantial miscarriage of justice.

Court Disposition

Entire jury discharged.

Orders

  • ['Juror W discharged.' 'Entire jury discharged.']