23 Mar 2009
GORDON-SMITH V R SC 32/2008
- Citation
- GORDON-SMITH V R SC 32/2008
- Court
- Supreme Court
Jury vetting by police is lawful: the police may access and provide non‑disqualifying conviction information to the Crown under existing law (Privacy Act/Policing Act and Juries Act context and 2008 amendments). The Crown must disclose to the defence any previous convictions of a potential juror known to it if the conviction gives rise to a real risk that the juror might be prejudiced against the accused or in favour of the Crown; otherwise disclosure is not required. Appeal dismissed and Court of Appeal's formal answer on disclosure amended accordingly.