Nadjowh v The Queen

In *Nadjowh v The Queen*, the Court of Appeal of the Supreme Court of Queensland considered an appeal against a criminal conviction. The central dispute concerned an irregularity that occurred during jury deliberations, specifically the presence of material not admitted into evidence within the jury room.

The primary legal issue before the Court was whether the jury’s receipt of inadmissible or prejudicial evidence, through inadvertence, necessitated the discharge of the jury. The Court was required to determine the appropriate test for an appellate court to apply when considering such an irregularity, and specifically, the onus of proof in demonstrating that the irregularity did not affect the verdict.

The Court held that the presence of material not in evidence constituted an irregularity, but there was no absolute rule requiring a jury's discharge in such circumstances. Instead, an appeal in these situations is against the conviction itself, and the verdict must be set aside unless the appellate court is satisfied that the jury would have returned the same verdict had the irregularity not occurred. The onus rests on the Crown to establish that there was no real possibility of a miscarriage of justice. In this instance, the Court found that the verdict of guilty was inevitable even without the irregularity, and therefore dismissed the appeal.