R v Rawlinson; R v Proud; R v Spicer [2014] NSWSC 149

R v Rawlinson; R v Proud; R v Spicer [2014] NSWSC 149

Because the anticipated witness was the mother of a woman who had pleaded guilty to the murder charged against the accused and had a committee relationship at a local club with a juror, a significant perception problem arose. Declining to call the witness would not remove the concern, and questioning the juror could not remove doubts about whether other jurors had been told. To ensure both a fair trial and the appearance of a fair trial, the jury had to be discharged and the trials recommenced.

Jurisdiction
Australia
Judgment Date
10 February 2014
Procedural Posture
Criminal Jury Trial / Procedural Ruling on Discharge of Jury During Trial
Outcome
Discharge the jury and commence trials afresh.
Legal Topics
['jury Trial' 'discharge of Jury' 'juror Relationship With Anticipated Witness' 'fair Trial' 'appearance of Fairness']
['criminal Law' 'criminal Procedure'] ['jury Trial' 'discharge of Jury' 'juror Relationship With Anticipated Witness' 'fair Trial' 'appearance of Fairness']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Jury Trial / Procedural Ruling on Discharge of Jury During Trial

Legal Issues

  1. 1 ['Whether the jury should be discharged because an anticipated witness was the mother of a woman who had pleaded guilty to the same murder and had a sporting or social club committee relationship with one of the jurors.' 'Whether the problem could be cured by not calling the prospective witness or by questioning the juror about whether other jurors knew of the relationship.']

Ratio Decidendi

Because the anticipated witness was the mother of a woman who had pleaded guilty to the murder charged against the accused and had a committee relationship at a local club with a juror, a significant perception problem arose. Declining to call the witness would not remove the concern, and questioning the juror could not remove doubts about whether other jurors had been told. To ensure both a fair trial and the appearance of a fair trial, the jury had to be discharged and the trials recommenced.

Court Disposition

Discharge the jury and commence trials afresh.

Orders

  • ['Discharge the jury.' 'Commence the trials afresh as soon as it is possible to do so.']