A juror reporting that the jury felt 'uncomfortable' with the behaviour of a person in the courtroom gallery does not, of itself, raise a legitimate concern that the jury would abandon their oath and proceed with bias, particularly where the trial judge gives robust directions to disregard the behaviour. A trial judge's brief and correct answer to a juror's question about the defendant's right of appeal does not, without more, mislead the jury into applying an incorrect standard of proof, where comprehensive directions on the standard of beyond reasonable doubt have been given. However, if such a question arises, the preferable course is for the trial judge to address four points: the existence of the right, its confined nature, its irrelevance to the jury's task, and the standard of proof.
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