Cf v R

[2022] NSWCCA 260

NSW Court of Criminal Appeal

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Interrogate

Catchwords

1. Criminal Law
2. › Trial by jury
3. › Discharge of jury
4. › Jury note during trial
5. › Whether jury note gave rise to reasonable apprehension of bias or pre-judgment
6. › Whether trial judge erred in refusing to discharge jury
7. › Jury Act 1977 (NSW), ss 53B, 53C
1. Appeal
2. › Interlocutory appeal in criminal proceedings
3. › Leave to appeal
4. › Factors relevant to grant of leave during ongoing trial
5. › Whether arguable basis for demonstrating error
6. › Criminal Appeal Act 1912 (NSW), s 5F(3)
1. Criminal Law
2. › Apprehended bias
3. › Jury bias
4. › Double might test
5. › Whether fair-minded and informed observer might apprehend jury might not bring impartial mind to resolution of issues

Quick Take

A jury note prefaced by hypothetical language such as 'what if' does not convey to a fair-minded and informed observer that any juror has formed a conclusion about a matter of fact, and is properly characterised as a request for assistance rather than evidence of pre-judgment. The decision to discharge a jury is discretionary and subject to the House v The King standard of review.