R v James Duncan Smith [2009] NSWDC 110

R v James Duncan Smith [2009] NSWDC 110

The combination of the juror's occupation as a judicial officer from Bangladesh, lack of information about the legal system there, the upcoming tendency evidence, and the threshold for reasonable apprehension of bias led to the finding that a fair-minded and informed member of the public might entertain a reasonable apprehension that the juror may not bring an impartial mind to the trial. Consequently, the juror was discharged. As the defendant emphasised the right to a jury of twelve and given the antecedent history of delays, the entire jury was discharged.

Parties
Prosecution: R; Defendant: James Duncan Smith
Jurisdiction
Australia
Judgment Date
30 April 2009
Procedural Posture
Criminal / Application to Discharge Juror and Jury During Trial
Outcome
Juror discharged; jury discharged; fresh jury to be empanelled.
Legal Topics
Juror Eligibility, Apprehended Bias, Discharge of Jury, Jury Act 1977 S 6(b) S 53 B
Criminal Law Juror Eligibility Apprehended Bias Discharge of Jury Jury Act 1977 S 6(b) S 53 B

Case Brief

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Parties

R

Prosecution

James Duncan Smith

Defendant

Procedural Posture

Criminal / Application to Discharge Juror and Jury During Trial

Legal Issues

  1. 1 Whether the juror is eligible to serve
  2. 2 Whether there is a reasonable apprehension of bias due to juror's occupation
  3. 3 Whether the entire jury should be discharged

Ratio Decidendi

The combination of the juror's occupation as a judicial officer from Bangladesh, lack of information about the legal system there, the upcoming tendency evidence, and the threshold for reasonable apprehension of bias led to the finding that a fair-minded and informed member of the public might entertain a reasonable apprehension that the juror may not bring an impartial mind to the trial. Consequently, the juror was discharged. As the defendant emphasised the right to a jury of twelve and given the antecedent history of delays, the entire jury was discharged.

Court Disposition

Juror discharged; jury discharged; fresh jury to be empanelled.

Orders

  • The juror is discharged.
  • The jury is discharged.