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Date of conviction after trial (Jackson QC DCJ and jury) of two counts of rape; credibility of complainant and accused in issue; juror attempted to secrete note revealing bailiff had communicated with jury in jury room, leading to juror’s discharge and continuation of trial with 11 jurors; defence counsel agreed with course taken; jury directed to try to reach unanimous verdict, disregard external influences and that there was no time pressure to reach verdict.
Appeal Determined (QCA)
[2022] QCA 43
01 Apr 2022
Appeal against convictions allowed, convictions quashed, retrial ordered; miscarriage of justice arising out of significant irregularities at trial; bailiff impermissibly communicated with jury, referring to some matters dealt with in Black direction, in accused’s absence and before deliberations commenced; discretion to discharge juror miscarried; conclusion unaffected by defence counsel’s conduct; proviso could not apply: Bond JA (with whom McMurdo JA and Flanagan J agreed).
Appeal Status
Appeal Determined (QCA)
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