Bahrami v R [2017] NSWCCA 8
The trial judge did not err in his handling of the jury irregularity, the discharge of the juror, nor in proceeding with the trial with a reduced jury. The steps taken met the legal standards prescribed, including posing questions to jurors and considering responses, and there was no miscarriage of justice nor error in law.
- Jurisdiction
- Australia
- Judgment Date
- 13 February 2017
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction
- Outcome
- appeal against conviction dismissed
- Legal Topics
- ['jury Irregularity' 'bullying in Jury' 'discharge of Juror' 'miscarriage of Justice' "judge's Directions" 'self Assessment by Jurors' 'application of Webb V the Queen Test']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Appeal / Appeal Against Conviction
Legal Issues
- 1 ["Whether the trial judge erred in not investigating the substance of the juror's note alleging bullying" 'Whether there was error in not applying the test in Webb v The Queen; Hay v The Queen (1983) 181 CLR 41' 'Whether comments made to the jury constituted error or miscarriage of justice' 'Whether failure to discharge the remaining jury constituted a miscarriage of justice']
Ratio Decidendi
The trial judge did not err in his handling of the jury irregularity, the discharge of the juror, nor in proceeding with the trial with a reduced jury. The steps taken met the legal standards prescribed, including posing questions to jurors and considering responses, and there was no miscarriage of justice nor error in law.
Court Disposition
appeal against conviction dismissed
Orders
- ['Appeal against conviction dismissed']
Full Case Text
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