R v Sumpton (No. 3) [2014] NSWSC 1556

R v Sumpton (No. 3) [2014] NSWSC 1556

Because the note contained information suggesting more detailed knowledge of the evidence than had appeared in the local newspaper, and because it might have been delivered by a juror, the possible consequences for the trial justified requesting a sheriff investigation focused initially on CCTV footage; after the footage showed the person was not a juror and no further application was made, the trial continued.

Jurisdiction
Australia
Judgment Date
21 October 2014
Procedural Posture
Common Law Criminal; Interlocutory Application / During Jury Trial; Ex Tempore Judgment on Request for Sheriff Investigation Into Delivery of a Note
Outcome
Sheriff investigation requested; CCTV footage showed the person delivering the note was not a member of the jury; no further application was made and the trial continued.
Legal Topics
['sheriff Investigation' 'secret Note' 'possible Juror Misconduct' 'cctv Footage']
['criminal Law' 'jury Law'] ['sheriff Investigation' 'secret Note' 'possible Juror Misconduct' 'cctv Footage']

Case Brief

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Procedural Posture

Common Law Criminal; Interlocutory Application / During Jury Trial; Ex Tempore Judgment on Request for Sheriff Investigation Into Delivery of a Note

Legal Issues

  1. 1 ['Whether the Court should request an investigation by the sheriff into the delivery of a note that might have emanated from a juror.' 'Whether CCTV footage outside the Grafton Courthouse should be reviewed to identify the person who delivered the note.']

Ratio Decidendi

Because the note contained information suggesting more detailed knowledge of the evidence than had appeared in the local newspaper, and because it might have been delivered by a juror, the possible consequences for the trial justified requesting a sheriff investigation focused initially on CCTV footage; after the footage showed the person was not a juror and no further application was made, the trial continued.

Court Disposition

Sheriff investigation requested; CCTV footage showed the person delivering the note was not a member of the jury; no further application was made and the trial continued.

Orders

  • ['The Court requested an investigation by the sheriff into the delivery of the note marked MFI 13 and envelope marked MFI 12.' 'The investigation was to include viewing the CCTV footage outside the Grafton Courthouse and reporting back to the Court with a view to allowing the parties to view that footage.']