R v Wood [2008] NSWSC 817

R v Wood [2008] NSWSC 817

The evidence satisfied the Court that there had been talk in the jury room about a private visit to Watsons Bay, that the caller to the journalist was probably a juror, and that at least one juror was not prepared to obey the Court's directions while one juror may have been prepared to decide the case without regard to the evidence. Because the juror or jurors involved could not be identified and removed, the fairness and appearance of impartiality of the trial required that the whole jury be discharged.

Jurisdiction
Australia
Judgment Date
06 August 2008
Procedural Posture
Criminal Trial for Murder / Judgment on a Report of Jury Misconduct During Trial
Outcome
Jury discharged; accused remanded for trial on a date to be fixed.
Legal Topics
['jury Misconduct' 'private Inspection by Jurors' 'examination of Jurors on Oath' 'discharge of Jury' 'fair Trial' 'apprehended Bias']
['criminal Law' 'jury Law' 'evidence'] ['jury Misconduct' 'private Inspection by Jurors' 'examination of Jurors on Oath' 'discharge of Jury' 'fair Trial' 'apprehended Bias']

Case Brief

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Procedural Posture

Criminal Trial for Murder / Judgment on a Report of Jury Misconduct During Trial

Legal Issues

  1. 1 ['Whether the woman who telephoned a journalist was a member of the jury.' "Whether there had been talk or a plan among jurors to return privately to The Gap at Watsons Bay for an inspection contrary to the judge's directions." 'Whether the reported jury misconduct created a reasonable apprehension that the accused would not receive a fair trial.' 'Whether the jury should be discharged because any juror involved could not be identified and removed.']

Ratio Decidendi

The evidence satisfied the Court that there had been talk in the jury room about a private visit to Watsons Bay, that the caller to the journalist was probably a juror, and that at least one juror was not prepared to obey the Court's directions while one juror may have been prepared to decide the case without regard to the evidence. Because the juror or jurors involved could not be identified and removed, the fairness and appearance of impartiality of the trial required that the whole jury be discharged.

Court Disposition

Jury discharged; accused remanded for trial on a date to be fixed.

Orders

  • ['The jury is discharged.' 'The accused is remanded for trial on a date to be fixed.']