Hoang v The QueenCitation:[2022] HCA 14Before:Kiefel CJ, Gageler, Keane, Gordon, Edelman JJDate:13 Apr 2022Case Number:S146/2021, S147/2021, S148/2021, S149/2021Read more

Mandatory discharge of a juror is required under s 53A(1)(c) of the Jury Act 1977 (NSW) if the juror makes an inquiry for the purpose of obtaining information about any matter relevant to the trial, and the juror's internet search regarding the Working with Children Check constituted such misconduct.

Parties: Applicant: Unknown (applicant); Respondent: Unknown (respondent)
Jurisdiction: Australia
Judgment Date: 13 April 2022
Procedural Posture: Criminal / Judgment
Outcome: Appeal allowed
Legal Topics: Jury Misconduct, Mandatory Discharge of Juror, Jury Deliberations, Working With Children Check

Criminal Law Jury Law Jury Misconduct Mandatory Discharge of Juror Jury Deliberations Working With Children Check

Case Brief

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Parties

Unknown (applicant)

Applicant

Unknown (respondent)

Respondent

Procedural Posture

Criminal / Judgment

Legal Issues

1 Whether mandatory discharge of a juror was required under s 53A(1)(c) of the Jury Act 1977 (NSW) when a juror made an inquiry relevant to the trial
2 Whether the juror's inquiry related to matters relevant to the trial
3 Whether the trial judge was correct to take verdicts before discharging the juror

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Mandatory discharge of the juror was required under s 53A(1)(c) of the Jury Act 1977 (NSW)
Verdicts taken before discharge are affected and must be set aside