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ARTICLE · 16 NOVEMBER 2022

Juror misconduct offences in New South Wales

Jurors are only allowed to rely on and hear evidence that is admitted into evidence in court.

AustraliaLitigation, Mediation & Arbitration

The Jury in the rape trial of Bruce Lehrman has been discharged and left without delivering a verdict following a juror's misconduct, prompting a retrial.

The jury was discharged after a member of the court staff discovered a juror's research paper in the juror's document that was not used as evidence in the court proceedings in direct breach of the Judge's directions. The research paper was discovered when it had fallen onto the floor.

This wasn't the first issue that arose in the trial. Just after more than four days of jury deliberations, the jury of 12 told the court that it could not agree on a unanimous verdict. Chief Justice Lucy McCallum then encouraged the jury panel to continue working on a decision.

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