R v Sio (No 3) [2013] NSWSC 1414

Supreme Court New South Wales

Medium Neutral Citation: R v Sio (No 3) [2013] NSWSC 1414 Hearing dates: 23 September 2013 Decision date: 23 September 2013 Jurisdiction: Common Law - Criminal Before: Adamson J Decision: (1) The relevant juror is discharged. Catchwords: CRIMINAL LAW - Jury Act 1977 - juror misconduct - Internet research - discharge of juror - examination by judge of jurors not suspected of misconduct Legislation Cited: Jury Act 1977, s 53A, s 55DA(1), s 68C, s 68C(1), s 68C(4), s 68C(5), Cases Cited: Smith v The Queen [2010] NSWCCA 325; 79 NSWLR 675 Category: Interlocutory applications Parties: Regina Daniel Jefferey Sio (Accused) Representation: Counsel: PE Barrett (Crown) CJ Watson (Accused) Solicitors: Director of Public Prosecutions (Crown) Sydney Criminal & Traffic Lawyers (Accused) File Number(s): 2012/334972 Publication restriction: Nil

EX TEMPORE Judgment

Introduction 1Last Friday afternoon, 20 September 2013, I acceded to the jury's request that they be permitted to leave early because the foreperson was indisposed and needed to attend a medical appointment. Soon afterwards the Sheriff's Officer informed me through my associate that members of the jury had raised a concern with him that a juror had been conducting Internet research on matters of law in connection with this trial. 2I asked the Sheriff to ensure that the juror who was said to have made the enquiries was kept separate from the other jurors when she arrived for jury duty this morning, Monday 23 September 2013, so that I could investigate whether there was misconduct within the meaning of s 68C of the Jury Act 1977 (the Act) which would oblige me to discharge the juror pursuant to s 53A of the Act.