R v Tembeleski (No 2)

The case of R v Tembeleski (No 2) involved the defendant, Tembeleski, who was on trial for a criminal offence. The matter was heard in the relevant Australian court, and the central issue was the handling of a jury during the trial. Specifically, the court had to determine whether the jury was compromised by the presence of a legal dictionary in the jury room, which was brought in by one juror and referred to during discussions. This led to the consideration of whether individual jurors or the entire jury should be discharged due to their disobedience of the court's directions against conducting independent research.

The court examined the legal issues surrounding the discharge of individual jurors and the entire jury. It considered the directive given to the jury not to conduct any independent research and the potential impact of a legal dictionary being present and referred to in the jury room for seven days. The court had to balance the need for a fair trial with the risk of a substantial miscarriage of justice if the jury had been influenced by the dictionary.

In reaching its decision, the court concluded that the presence of the legal dictionary and its use in jury discussions constituted a significant irregularity. The court found that the jury's disobedience of the direction not to conduct independent research risked a substantial miscarriage of justice. As a result, the court ordered the discharge of the entire jury to ensure the integrity of the trial process. The final order was that the whole jury be discharged to prevent any further risk of bias or improper influence on the trial outcome.