R v Khayat (No 13)

The case of R v Khayat (No 13) involved the defendant, Khayat, who was on trial for criminal charges. The matter was before the court as Khayat had applied for the discharge of the jury due to concerns regarding the conduct of a court officer and the Crown's solicitor. The court officer had informally answered a jury question, which Khayat's legal team argued undermined the formal directions given to the jury and potentially prejudiced the defendant's position. Khayat argued that this conduct created a false impression that the Crown was in a favoured position, and that the prejudice could not be remedied by further directions.

The legal issues the court needed to address included the propriety of the court officer's conduct in informally answering the jury's question, and whether this conduct constituted a breach of the trial's integrity. The court also considered whether the potential prejudice to Khayat could be remedied by further directions to the jury. The Crown agreed that the application for discharge should be consented to, acknowledging that the conduct had indeed prejudiced the defendant.

In its reasoning, the court found that the conduct of the court officer and the Crown's solicitor had indeed undermined the formal directions given to the jury. The court held that such conduct could create a false impression that the Crown was in a favoured position, which could prejudice the defendant. The court further held that the potential prejudice could not be remedied by further directions, as the informal communication had already occurred and could not be undone. Consequently, the court granted the application for discharge, acknowledging the Crown's consent. The final orders of the court included the discharge of the jury and the setting of a new trial date.