Cant v The Queen

The appeal concerned a conviction for a criminal offence. The appellant, Cant, appealed against his conviction on the grounds that the trial judge erred in failing to adequately address a situation where a juror allegedly referred to the appellant's criminal history and other pending charges during jury deliberations. The appeal was heard by the Court of Criminal Appeal of New South Wales, with judges Angel and Mildren JJ and Priestley AJ presiding.

The central legal issues before the Court were whether the trial judge had a duty to question the juror in question, or the entire jury, upon learning of the juror's alleged comments, and whether, in light of these comments, the juror or the jury ought to have been discharged. The Court also considered whether, even if an error occurred, the conviction should be upheld under the proviso, given the strength of the Crown's case.

The Court reasoned that the juror's comments raised a "real suspicion as to bias" and that the trial judge's failure to ascertain the extent of any bias or prejudice constituted a fundamental error that departed from the requirements of a fair trial. The Court held that the irregularity was more than the mere introduction of prejudicial material, as it involved a direct reference to the appellant's criminal history and other charges by a juror. Consequently, the Court found that there was no room to apply the proviso, as the integrity of the trial process had been compromised.

The Court of Criminal Appeal quashed the conviction and ordered a retrial.