Ashley v The Queen

The appeal concerned a conviction for murder, brought before the Supreme Court of the Northern Territory by the appellant against the respondent, the Queen. The central dispute revolved around whether the jury's impartiality had been compromised during the trial, leading to a potential miscarriage of justice.

The legal issues before the Court were whether a note from a juror, detailing alleged improper conduct by other jurors, gave rise to a reasonable apprehension of bias, and consequently, whether the jury ought to have been discharged during the trial. The Court also considered whether any apprehended bias could have been overcome by judicial direction, and if the failure to discharge the jury constituted a miscarriage of justice. A separate issue, raised by a notice of contention, concerned the admissibility of the appellant's exculpatory statements under section 66 of the *Evidence (National Uniform Legislation) Act* (NT), particularly in light of the appellant's undertaking to give evidence which he ultimately did not fulfil.

The Court reasoned that the juror's note, which detailed how three jurors had been operating under the premise that the appellant was guilty until proven innocent, and that one juror believed guilt was evident from arrest and charge, established a reasonable apprehension of bias. This conduct persisted for 13 days despite judicial directions on the presumption of innocence. The Court found that a fair-minded and informed member of the public, aware of these circumstances, would entertain a reasonable apprehension that the jury could not discharge their task impartially. The Court also dismissed the notice of contention, finding that the admissibility of the exculpatory statements did not hinge on the appellant ultimately giving evidence.

Consequently, the appeal was allowed, the conviction was quashed, and a new trial was ordered.