Regina v JP (No 1) [2013] NSWSC 1678

Supreme Court New South Wales

Medium Neutral Citation: Regina v JP (No 1) [2013] NSWSC 1678 Hearing dates: 30 October 2013 Decision date: 30 October 2013 Jurisdiction: Common Law - Criminal Before: Hall J Decision: Order made that Juror be discharged from jury pursuant to s 53A of the Jury Act Catchwords: CRIMINAL LAW - juror misconduct - Internet research by juror as to law - examination by judge of juror in question and foreperson - discharge of juror Legislation Cited: Jury Act 1977 Cases Cited: R v JP (No 2) [2013] NSWSC 1679 R v Sio (No 3) [2013] NSWSC 1414 Category: Procedural and other rulings Parties: Regina (Crown) JP (Accused) Representation: Counsel: P Leask (Crown) P Young SC (Accused) Solicitors: Solicitor for Public Prosecutions (Crown) Lex Fori Lawyers (Accused) File Number(s): 2011/235975

Judgment 1At about 12.30pm on 30 October 2013, the jury sent a note which was marked as MFI-68. The note, written by the foreperson of the jury, referred to the fact that one juror had undertaken legal research by way of an Internet search. 2The procedure then adopted pursuant to directions I gave on the above date was to have the Sheriff's officer request the foreperson to leave the jury room and accompany him to the Court. Following his examination, the Sheriff's officer was requested to follow the same procedure in order to have the juror in question brought into the courtroom. 3At about 2.00pm on that date, I proceeded to conduct an examination of the foreperson pursuant to s 55DA of the Jury Act 1977 ("the Act"). 4The information provided by the foreperson in answer to questions which I directed to him has been extracted into the reasons for the order made under s 53C of the Act in R v JP (No 2) [2013] NSWSC 1679 at [12]. 5I also proceeded with an examination of the juror in question. The questions and answers in relation to that examination have also been set out in R v JP (No 2) at [13].