Smith v. The State of Western Australia

Lower Court Judgment

17/01/2013 Supreme Court of Western Australia (Court of Criminal Appeal) (Martin CJ, McLure P, Mazza JA)

[2013] WASCA 7

Catchwords

Criminal law – Jury deliberations – Exclusionary rule – Applicant convicted on two counts of indecent dealing with a girl under 13 years – Envelope found in jury room indicating that at least one juror had been physically coerced by another juror into joining in the guilty verdict – Whether juror’s note fell outside, or within an exception to, the exclusionary rule – Whether exclusionary rule extends to prohibiting inquiry into criminal activity – Whether juror’s note, or failure by trial judge to conduct contemporaneous inquiry into its contents, gives rise to a real and sensible risk to the safety of jury’s verdict to constitute a miscarriage of justice. 

Short Particulars