R v Tembeleski (No 2) [2024] NSWDC 504

R v Tembeleski (No 2) [2024] NSWDC 504

The organised, repeated bringing of a legal dictionary into the jury room and its use to supplement judicial directions (combined with the failure of all jurors to report this misconduct, despite explicit instructions) gave rise to a real risk of substantial miscarriage of justice. This compelled discharge of the whole jury under s 53A and s 53C of the Jury Act 1977 (NSW).

Parties
Crown: Rex; Accused: Jason Tembeleski
Jurisdiction
Australia
Judgment Date
14 October 2024
Procedural Posture
Criminal / Trial (jury Discharge Application)
Outcome
Jury discharged; trial terminated.
Legal Topics
Jury Discharge, Jury Misconduct, Jury Research, Procedural Fairness
Criminal Law Criminal Procedure Jury Discharge Jury Misconduct Jury Research Procedural Fairness

Case Brief

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Parties

Rex

Crown

Jason Tembeleski

Accused

Procedural Posture

Criminal / Trial (jury Discharge Application)

Legal Issues

  1. 1 Whether the jury (or individual jurors) should be discharged for misconduct involving use of a legal dictionary and failure to follow directions
  2. 2 Whether the conduct of jurors created a risk of substantial miscarriage of justice

Ratio Decidendi

The organised, repeated bringing of a legal dictionary into the jury room and its use to supplement judicial directions (combined with the failure of all jurors to report this misconduct, despite explicit instructions) gave rise to a real risk of substantial miscarriage of justice. This compelled discharge of the whole jury under s 53A and s 53C of the Jury Act 1977 (NSW).

Court Disposition

Jury discharged; trial terminated.

Orders

  • The whole jury be discharged.