A juror had lived next door to a party to the burglary alleged against the defendant. The defendant alleged bias. The juror said she had been unaware of the connection.
Held: The question of whether there had been bias in a jury trial is whether there had been a real danger’ of bias, rather than the ‘Topping’ test. ‘Mr Hytner submits, applying that test, that the fair-minded observer would suspect in the present case that a fair trial was not possible. In this case Mrs Smith in her affidavit evidence has stated that she was unaware of the relevant facts connecting her to the appellant until after the jury had delivered its verdict. This evidence was unchallenged. Accordingly this can be distinguished from the various authorities which have been cited to us in that in these latter cases the relevant `connecting’ facts giving rise to the alleged bias have already been known to the particular member of the tribunal, against whom bias has been raised, throughout the trial in question. This did not apply in the present case. If the fact that Mrs Smith was not aware of the relevant facts connecting her to the appellant had been known to the fair-minded observer, then surely the observer would, in those circumstances, have regarded the trial as having been a fair one. Should we impute knowledge of Mrs Smith’s particular state of mind to the fair-minded observer? Mr Hytner submits that such an observer would be bound to conclude that Mrs Smith must have realised who the case concerned when she heard the address referred to in the statement and also when she saw David Gough’s photograph. Her claim of ignorance would be unacceptable to a fair-minded observer. We think there is force in this contention. Accordingly we do not seek to distinguish the instant case by imputing to the fair-minded observer actual knowledge of Mrs Smith’s unawareness of the relevant facts until after the verdict had been delivered.’
Citations:
Gazette 08-Jul-1992
Jurisdiction:
England and Wales
Cited by:
Appeal from – Regina v Gough (Robert) HL 1993
The defendant had been convicted of robbery. He appealed, saying that a member of the jury was a neighbour to his brother, and there was therefore a risk of bias. This was of particular significance as the defendant was charged with conspiracy with . .
Lists of cited by and citing cases may be incomplete.
Criminal Practice
Updated: 25 October 2022; Ref: scu.86718