Smith v Western Australia

The High Court of Australia heard an appeal from the Court of Appeal of the Supreme Court of Western Australia concerning the admissibility of evidence relating to alleged juror misconduct. The appellant, who had been convicted and sentenced to imprisonment, argued that his trial had miscarried due to a juror being physically coerced into changing their verdict. The Court of Appeal had dismissed this appeal, applying the exclusionary rule regarding evidence of what transpires within jury deliberations.

The central legal issue before the High Court was whether evidence suggesting a juror was physically coerced into changing their verdict was admissible, notwithstanding the general exclusionary rule. This rule, as articulated in *Ellis v Deheer*, generally prevents the admission of evidence from jurors about what occurred in the jury room to protect the finality of verdicts and the integrity of jury deliberations. The High Court was required to consider whether the alleged physical coercion constituted an extrinsic influence that would take the evidence outside the scope of the exclusionary rule, and if so, whether the evidence was sufficiently probative to establish a miscarriage of justice.

The High Court allowed the appeal, setting aside the orders of the Court of Appeal. The Court reasoned that the exclusionary rule, while important for maintaining the finality of jury verdicts and protecting jurors, is not absolute. It acknowledged that evidence of extrinsic influences on jury deliberations may be admissible. The Court found that the Court of Appeal had erred in its application of the exclusionary rule and in its assessment of the probative value of the note suggesting coercion. The matter was remitted to the Court of Appeal to be heard and determined in accordance with the reasons of the High Court.