The court refused to consider the affidavits of five jurymen to decide whether a fellow juryman had been guilty of misconduct. The allegation was that before any evidence was given the juror in question made it clear to fellow jurors that whatever the evidence he was not prepared to convict.
Held: The court concluded that the authorities are all one way, and that the Court cannot look at the affidavits of jurymen for any purpose, whether it be for the purpose of granting a new trial, or for the purpose of establishing the misconduct of a juryman.
Judges:
Darley CJ
Citations:
(1907) 7 NSW State Reports 290
Cited by:
Cited – Regina v BM and Another CACD 9-Dec-1996
A message was offered to one of the solicitors acting for a defendant from a relative of a juror after the trial.
Held: Rules against hearing of jury deliberations are wider than Contempt of Court Act. The court refused to commence any Young . .
Lists of cited by and citing cases may be incomplete.
Contempt of Court, Commonwealth, Criminal Practice
Updated: 12 May 2022; Ref: scu.183498