R v Ronald Edward Medich (No. 23)

Case

[2017] NSWSC 267

17 March 2017


Details
AGLC Case Decision Date
R v Ronald Edward Medich (No. 23) [2017] NSWSC 267 [2017] NSWSC 267 17 March 2017

CaseChat Overview and Summary

Ronald Edward Medich was convicted of various offences, including murder. An appeal against conviction was dismissed, but an application for special leave to appeal was subsequently granted. The issue before the court was whether the trial judge was correct in discharging a juror after it was found that the juror had breached the trial directions by discussing the case with his partner, who was a solicitor, and whether this breach necessitated a new trial. The court found that there had been a clear breach of the trial direction, which was fundamental to the fairness of the trial. The juror had not only discussed the case with his partner but had also facilitated a conversation between her and a Crown Prosecutor concerning aspects of the trial. The court emphasised the importance of the trial direction, which was intended to prevent any external influence on the jury's deliberations. Given the breach of this fundamental direction, the court concluded that the trial judge was correct in discharging the juror, as the integrity of the trial had been compromised. The court held that the correct response to such a breach was to discharge the juror and that a new trial was necessary to ensure the fairness of the proceedings. The appeal was allowed, and the conviction was quashed.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Jurisdiction

  • Jury Misconduct

  • Contempt of Court

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