TRIEU v R [2012] NSWCCA 169

TRIEU v R [2012] NSWCCA 169

Leave to appeal was refused because the material showed no more than a mere possibility of prejudice from the reported loitering, the jurors did not put any concern in writing when invited to do so, there was no evidence that any juror felt intimidated or associated the conduct with the applicant or co-offenders,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 August 2012
Procedural Posture
Criminal Appeal Against Conviction / Application for Leave to Appeal
Outcome
Leave to appeal refused.
Legal Topics
['refusal to Discharge Jury' 'jury Deliberations' 'juror Concern About Loitering Near Jury Exit' 'miscarriage of Justice' 'judicial Discretion']
['criminal Law' 'criminal Procedure' 'appeals'] ['refusal to Discharge Jury' 'jury Deliberations' 'juror Concern About Loitering Near Jury Exit' 'miscarriage of Justice' 'judicial Discretion']

Source-derived case record

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Procedural Posture

Criminal Appeal Against Conviction / Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether the trial judge erred in the exercise of discretion by refusing to discharge the jury after jurors reported concern about a person loitering near the jury entrance or exit.' 'Whether the circumstances created a miscarriage of justice requiring appellate intervention.' "Whether the trial judge's direction to the jury adequately addressed any risk of prejudice."]

Ratio Decidendi

Leave to appeal was refused because the material showed no more than a mere possibility of prejudice from the reported loitering, the jurors did not put any concern in writing when invited to do so, there was no evidence that any juror felt intimidated or associated the conduct with the applicant or co-offenders, and the trial judge's direction was sufficient to tell the jury that the conduct should not influence their determination. The refusal to discharge the jury was within the trial judge's discretion and did not result in a miscarriage of justice.

Court Disposition

Leave to appeal refused.

Orders

  • ['Leave to appeal refused.']