Smith v WA

[2013] WASCA 7

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Jury irregularity
4. › Juror's note alleging coercion
5. › Whether note constituted evidence of irregularity extrinsic to jury deliberations
6. › Whether miscarriage of justice
1. Evidence
2. › Exclusionary rule
3. › Jury deliberations
4. › Admissibility of juror's note
5. › Whether note fell within exclusionary rule preventing evidence of jury deliberations
6. › Whether residual discretion exists to admit evidence contrary to exclusionary rule
1. Criminal Law
2. › Jury
3. › Secrecy of deliberations
4. › Distinction between intrinsic and extrinsic evidence
5. › Public policy rationale for exclusionary rule

Quick Take

A juror's note alleging coercion by a fellow juror falls within the exclusionary rule as evidence intrinsic to jury deliberations, and is inadmissible. There is no residual discretion in Australian law to admit evidence of jury deliberations even in cases of alleged juror coercion. The exclusionary rule is so well established that any significant modification should be undertaken by the legislature or the ultimate appellate court, not by an intermediate Court of Appeal.