Regina v MTN; Regina v CVH [2002] NSWSC 92

Regina v MTN; Regina v CVH [2002] NSWSC 92

The reported events did not involve contact, threat, or deliberate act towards jurors, nor did they create a reasonable apprehension that the jury would not discharge its task impartially, so neither the jury nor individual jurors should be discharged.

Jurisdiction
Australia
Judgment Date
22 February 2002
Procedural Posture
Criminal Trial / During Jury Deliberations (application to Discharge Jury/jurors)
Outcome
Jury not discharged and neither juror discharged.
Legal Topics
['jury Irregularity' 'discharge of Jury' 'voir Dire Examination' 'jury Impartiality']
['criminal Law' 'trial Procedure'] ['jury Irregularity' 'discharge of Jury' 'voir Dire Examination' 'jury Impartiality']

Case Brief

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Procedural Posture

Criminal Trial / During Jury Deliberations (application to Discharge Jury/jurors)

Legal Issues

  1. 1 ['Whether reported events involving jurors warranted discharge of jury or juror' 'Proper procedure for considering reports of jury irregularity' 'Appropriate test for discharge of jury due to apprehended bias']

Ratio Decidendi

The reported events did not involve contact, threat, or deliberate act towards jurors, nor did they create a reasonable apprehension that the jury would not discharge its task impartially, so neither the jury nor individual jurors should be discharged.

Court Disposition

Jury not discharged and neither juror discharged.

Orders

  • ['Jury to continue with the trial.' 'Judge to give jury a direction consistent with Regina v Elfar; Regina v Tier (NSWCCA, 9 October 1995, unreported).']