Smith v WA [No 2]

(2016) 263 A Crim R 449; [2016] WASCA 136

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Appeal against conviction
3. › Miscarriage of justice
4. › Irregularity in jury deliberations
5. › Alleged physical coercion of juror
6. › Whether inquiry into jury deliberations warranted
7. › Whether juror subjected to unlawful coercion
8. › Criminal Appeals Act 2004 (WA), ss 23(1)(a), 30(3)(c), 39, 40
1. Criminal Law
2. › Jury
3. › Exclusionary rule
4. › Inquiry into jury deliberations
5. › Conduct of inquiry
6. › Inquisitorial character
7. › Burden and standard of proof
8. › Balance of probabilities
9. › Juries Act 1957 (WA)
1. Criminal Law
2. › Jury
3. › Exclusionary rule
4. › Power of Sheriff to engage police assistance to locate jurors
5. › Whether provision of juror identity information to police contravened Juries Act
6. › Juries Act 1957 (WA), ss 17, 56A, 56B
1. Criminal Law
2. › Appeal against conviction
3. › Power of Court of Appeal to compel attendance of juror as witness
4. › Criminal Appeals Act 2004 (WA), s 40
5. › Supreme Court Act 1935 (WA), s 156(1)

Quick Take

Practitioners seeking to challenge jury verdicts on the basis of alleged juror coercion should note the procedural framework established for conducting inquiries into jury deliberations, including the inquisitorial character of such inquiries, the burden on the appellant to adduce evidence capable of belief, and the balance of probabilities standard for factual findings.