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ARTICLE · 09 DECEMBER 2020

Juror misconduct leads to quashed conviction and retrial

A jury can only consider a verdict based on what is presented in court, and not conduct investigations outside of court.

AustraliaLitigation, Mediation & Arbitration

Jurors who play detective are the scourge of the courtroom. In 2019 an Adelaide court quashed a man's child sex abuse conviction and ordered a retrial due to juror misconduct. It was discovered that one of the jurors had visited the crime scene and taken a photo.

Prior to this, a District Court jury had found the man guilty of one count of communicating with the intention of making a child amenable to sexual activity, and three counts of indecent assault against a child.

However, when the judge was informed that a juror had photographed the scene of the alleged sexual assault and shown the pictures to three fellow jurors, the conviction was quashed and a retrial ordered.

Juror's decision to investigate crime scene jeopardises entire case

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