R v Sio (No. 4) [2013] NSWSC 1415

R v Sio (No. 4) [2013] NSWSC 1415

The timely actions of the foreperson and other jurors prevented disclosure of the contents of the discharged juror's research, and there was no contamination evidenced in the deliberations. Therefore, there was no risk of substantial miscarriage of justice and the trial should continue with the remaining eleven jurors.

Jurisdiction
Australia
Judgment Date
23 September 2013
Procedural Posture
Criminal Trial / Interlocutory Application
Outcome
Application to discharge whole jury refused
Legal Topics
['jury Misconduct' 'jury Discharge' 'trial Procedure' 'miscarriage of Justice']
['criminal Law'] ['jury Misconduct' 'jury Discharge' 'trial Procedure' 'miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal Trial / Interlocutory Application

Legal Issues

  1. 1 ['Whether discharge of a single juror requires discharge of the whole jury' 'Whether jury contamination occurred due to juror misconduct' 'Whether there is a risk of substantial miscarriage of justice']

Ratio Decidendi

The timely actions of the foreperson and other jurors prevented disclosure of the contents of the discharged juror's research, and there was no contamination evidenced in the deliberations. Therefore, there was no risk of substantial miscarriage of justice and the trial should continue with the remaining eleven jurors.

Court Disposition

Application to discharge whole jury refused

Orders

  • ['The trial continue with the remaining eleven jurors.']