R v Bushell; R v Tozer (No 16) [2023] NSWSC 1452

R v Bushell; R v Tozer (No 16) [2023] NSWSC 1452

The juror's facial expressions and body language, including smiling, raising eyebrows and signalling to an accused, were a form of communication with the accused and were at times reciprocated. That conduct was sufficient to give rise to a reasonable apprehension that the juror may not bring an impartial or unbiased mind to the task, so the juror was discharged pursuant to s 53B(b) of the Jury Act 1977 (NSW).

Jurisdiction
Australia
Judgment Date
17 August 2023
Procedural Posture
Criminal Procedure Trial Ruling Concerning Discharge of Individual Juror / During Continuing Jury Trial
Outcome
Juror discharged pursuant to s 53B(b) of the Jury Act 1977 (NSW).
Legal Topics
['jury Trial' 'discharge of Individual Juror' 'juror Misconduct' 'apprehended Bias']
['criminal Procedure'] ['jury Trial' 'discharge of Individual Juror' 'juror Misconduct' 'apprehended Bias']

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Procedural Posture

Criminal Procedure Trial Ruling Concerning Discharge of Individual Juror / During Continuing Jury Trial

Legal Issues

  1. 1 ['Whether a juror should be discharged for alleged inappropriate facial or body-language communication with one of the accused during the trial.' "Whether the juror's conduct was sufficient to give rise to a reasonable apprehension that the juror may not bring an impartial or unbiased mind to the task."]

Ratio Decidendi

The juror's facial expressions and body language, including smiling, raising eyebrows and signalling to an accused, were a form of communication with the accused and were at times reciprocated. That conduct was sufficient to give rise to a reasonable apprehension that the juror may not bring an impartial or unbiased mind to the task, so the juror was discharged pursuant to s 53B(b) of the Jury Act 1977 (NSW).

Court Disposition

Juror discharged pursuant to s 53B(b) of the Jury Act 1977 (NSW).

Orders

  • ['The juror will be discharged.']