Divine v WA

[2019] WASCA 49

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Trial by jury
3. › Jury deliberations
4. › Alleged intimidation of juror
5. › Whether evidence gave rise to reasonable ground for suspicion of unlawful intimidation
6. › Whether miscarriage of justice
7. › Criminal Code (WA), s 123
1. Criminal Law
2. › Trial by jury
3. › Jury deliberations
4. › Exclusionary rule
5. › Scope of rule preventing disclosure of jury deliberations
6. › Whether allegations of bullying and intimidation fall outside exclusionary rule
1. Criminal Law
2. › Appeal
3. › Inquiry into jury irregularity
4. › Procedure for investigation of alleged juror misconduct
5. › Whether further inquiry warranted

Quick Take

Practitioners alleging jury intimidation must demonstrate conduct objectively amounting to threats or intimidation, not merely heated or uncivil debate; raised voices, frustration, dismissiveness, and physical expressions of irritation (throwing down pens, eye-rolling) are insufficient.