R v Rogerson; R v McNamara (No 27)

The respondents, Rogerson and McNamara, were jointly charged with multiple counts of armed robbery, and a further count of conspiracy to commit armed robbery. The respondents were tried by a jury of twelve in the Supreme Court of Queensland. During the trial, a member of the jury was observed to be sleeping while evidence was being given. Following this, the jury was discharged, and the respondents were acquitted by the Supreme Court on the basis that the evidence was insufficient to prove their guilt beyond reasonable doubt. The Attorney-General of Queensland sought to appeal the decision, arguing that the jury should not have been discharged. The respondents sought to have the appeal dismissed. The appeal was heard by the High Court of Australia, which was required to determine whether the trial judge had the discretion to discharge the jury, and if so, whether the trial judge exercised that discretion appropriately. The Court found that the trial judge had a discretion to discharge the jury in circumstances where it was reasonably apparent that there was a risk of a substantial miscarriage of justice. The Court further found that the trial judge exercised that discretion appropriately, and that there was a risk of a substantial miscarriage of justice given that one of the jurors had fallen asleep during the giving of evidence. Accordingly, the Court held that the trial judge was correct to discharge the jury, and dismissed the appeal.