Case P51/2013

Smith v. The State of Western Australia

Case No.


Case Information

Lower Court Judgment

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

[2013] WASCA 7


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


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)