Carr v R [2015] NSWCCA 186

Carr v R [2015] NSWCCA 186

Reading newspaper reports of the trial and bringing newspaper clippings into the jury room did not, without more, constitute making a prohibited inquiry or juror misconduct under the Jury Act 1977 (NSW). The foreperson admitted bringing in the clippings but denied on oath that he or any juror to his knowledge had made external inquiries, and the trial judge was satisfied with that answer. There was no sufficient basis to infer internet searching or other misconduct giving rise to a substantial miscarriage of justice, and no further inquiry had been sought or identified. Leave to appeal was granted, but the appeal was dismissed.

Jurisdiction
Australia
Judgment Date
09 July 2015
Procedural Posture
Criminal Appeal; Application for Leave to Appeal Convictions / Court of Criminal Appeal Decision on Application for Leave to Appeal From District Court Convictions
Outcome
Leave to appeal granted; appeal dismissed; applications to amend by the other applicants dismissed.
Legal Topics
['juror Discharge' 'jury Discharge' 'juror Misconduct' 'prohibited Juror Inquiries' 'newspaper Reports of Trial' 'internet and Social Media Searches by Jurors']
['criminal Law' 'criminal Procedure' 'jury Law'] ['juror Discharge' 'jury Discharge' 'juror Misconduct' 'prohibited Juror Inquiries' 'newspaper Reports of Trial' 'internet and Social Media Searches by Jurors']

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 Appeal; Application for Leave to Appeal Convictions / Court of Criminal Appeal Decision on Application for Leave to Appeal From District Court Convictions

Legal Issues

  1. 1 ['Whether the trial judge erred by not discharging the foreperson under s 53A(1)(c) of the Jury Act 1977 (NSW).' 'Whether the trial judge erred by not discharging the jury under s 53C of the Jury Act 1977 (NSW).' 'Whether the trial judge erred by limiting the examination of the foreperson and jury to whether inquiries had been made outside the jury room by accessing the internet or social media.' 'Whether reading newspaper reports of the trial and bringing newspaper clippings into the jury room constituted making a prohibited inquiry or misconduct.']

Ratio Decidendi

Reading newspaper reports of the trial and bringing newspaper clippings into the jury room did not, without more, constitute making a prohibited inquiry or juror misconduct under the Jury Act 1977 (NSW). The foreperson admitted bringing in the clippings but denied on oath that he or any juror to his knowledge had made external inquiries, and the trial judge was satisfied with that answer. There was no sufficient basis to infer internet searching or other misconduct giving rise to a substantial miscarriage of justice, and no further inquiry had been sought or identified. Leave to appeal was granted, but the appeal was dismissed.

Court Disposition

Leave to appeal granted; appeal dismissed; applications to amend by the other applicants dismissed.

Orders

  • ['Grant leave to appeal.' 'Appeal dismissed.' 'The applications to amend by the other applicants also dismissed.']