REGINA v RICHARDS & BIJKERK [1999] NSWCCA 114

REGINA v RICHARDS & BIJKERK [1999] NSWCCA 114

The history of three aborted trials, including apparent jury tampering in the third trial and evidence of surveillance or approaches to jurors, created exceptional and special circumstances and a real basis for apprehending recurrence. The orders for juror transport and locking up the jury were within the trial judge's discretion and could be accompanied by directions to avoid adverse inferences. Although the in camera order raised open justice concerns, in the very special circumstances it was available in the exercise of discretion, particularly as media and legal practitioners could attend and the order could be varied. The media publicity was six months old, did not name or identify...

Jurisdiction
Australia
Judgment Date
29 April 1999
Procedural Posture
Criminal Appeal / Appeal From Interlocutory Orders Making Special Arrangements for a Jury and Holding Proceedings in Camera; Application for Leave to Appeal From Interlocutory Judgment Dismissing an Application for a Stay of Proceedings
Outcome
Appeal dismissed; leave to appeal granted in the stay matter and that appeal dismissed.
Legal Topics
['interlocutory Orders' 'special Jury Arrangements' 'proceedings in Camera' 'open Justice' 'stay of Proceedings' 'pre Trial Publicity' 'fair Trial' 'jury Tampering']
['criminal Law' 'criminal Procedure'] ['interlocutory Orders' 'special Jury Arrangements' 'proceedings in Camera' 'open Justice' 'stay of Proceedings' 'pre Trial Publicity' 'fair Trial' 'jury Tampering']

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Procedural Posture

Criminal Appeal / Appeal From Interlocutory Orders Making Special Arrangements for a Jury and Holding Proceedings in Camera; Application for Leave to Appeal From Interlocutory Judgment Dismissing an Application for a Stay of Proceedings

Legal Issues

  1. 1 ["Whether the District Court judge's discretion miscarried in ordering that proceedings be held in camera subject to attendance by accredited media and legal practitioners." 'Whether special arrangements for transport of jurors and locking up the jury after retirement would prevent the appellants receiving a fair trial.' 'Whether media publicity about the aborted third trial, alone or with the special jury arrangements, justified a permanent or twelve month stay of proceedings.']

Ratio Decidendi

The history of three aborted trials, including apparent jury tampering in the third trial and evidence of surveillance or approaches to jurors, created exceptional and special circumstances and a real basis for apprehending recurrence. The orders for juror transport and locking up the jury were within the trial judge's discretion and could be accompanied by directions to avoid adverse inferences. Although the in camera order raised open justice concerns, in the very special circumstances it was available in the exercise of discretion, particularly as media and legal practitioners could attend and the order could be varied. The media publicity was six months old, did not name or identify...

Court Disposition

Appeal dismissed; leave to appeal granted in the stay matter and that appeal dismissed.

Orders

  • ['In the matter certified as appropriate for determination by the Court, the appeal is dismissed.' 'In the other matter, leave to appeal is granted and the appeal is dismissed.']