R v Paul JAMES [2011] NSWDC 164

R v Paul JAMES [2011] NSWDC 164

The juror's visible emotional reaction and alleged failure to look at exhibits did not establish that she would be unable to give fair consideration to the evidence. Any risk arising from the offensive subject matter could be addressed by directions reminding the jury to be objective and dispassionate, and discharge was not warranted as it was a remedy of last resort and would effectively discharge the jury.

Jurisdiction
Australia
Judgment Date
04 August 2011
Procedural Posture
Criminal Jury Trial Concerning Child Pornography Offences / Defence Application to Discharge a Juror
Outcome
Application rejected.
Legal Topics
['jury Trial' 'application to Discharge Juror' 'child Pornography Offences' 'juror Impartiality' 'judicial Directions']
['criminal Law' 'criminal Procedure'] ['jury Trial' 'application to Discharge Juror' 'child Pornography Offences' 'juror Impartiality' 'judicial Directions']

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Procedural Posture

Criminal Jury Trial Concerning Child Pornography Offences / Defence Application to Discharge a Juror

Legal Issues

  1. 1 ['Whether a juror who became visibly upset during discussion of an exhibit should be discharged.' "Whether the juror's emotional reaction created a risk that the accused would not receive objective and fair consideration of the evidence." 'Whether any risk could be addressed by judicial directions rather than discharging the juror or effectively discharging the jury.']

Ratio Decidendi

The juror's visible emotional reaction and alleged failure to look at exhibits did not establish that she would be unable to give fair consideration to the evidence. Any risk arising from the offensive subject matter could be addressed by directions reminding the jury to be objective and dispassionate, and discharge was not warranted as it was a remedy of last resort and would effectively discharge the jury.

Court Disposition

Application rejected.

Orders

  • ['I reject the application to discharge the juror.']