Smith v. The State of Western Australia
Case No.
P51/2013
Case Information
Lower Court Judgment
17/01/2013 Supreme Court of Western Australia (Court of Criminal Appeal) (Martin CJ, McLure P, Mazza JA)
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.
Documents
12/09/2013 Hearing (SLA, Perth)
26/09/2013 Notice of appeal
17/10/2013 Written submissions (Appellant)
17/10/2013 Chronology (Appellant)
07/11/2013 Written submissions (Respondent)
21/11/2013 Reply
29/11/2013 Hearing (Full Court, Canberra) (Audio-visual recording)
12/02/2014 Judgment (Judgment summary)