Smith v Western Australia

HIGH COURT OF AUSTRALIAFRENCH CJ,CRENNAN, KIEFEL, GAGELER AND KEANE JJMARK SHARNE SMITH  APPELLANTANDTHE STATE OF WESTERN AUSTRALIA  RESPONDENTSmith v Western Australia[2014] HCA 312 February 2014P51/2013ORDER1.Appeal allowed.2.Set aside the orders of the Court of Appeal of the Supreme Court of Western Australia made on 17 January 2013.3.Remit the appellant's appeal and application to the Court of Appeal to be heard and determined in accordance with the reasons of this Court.On appeal from the Supreme Court of Western AustraliaRepresentationC P Shanahan SC with A L Troy for the appellant (instructed by Legal Aid WA) J McGrath SC with L M Fox for the respondent (instructed by Director of Public Prosecutions (WA))Notice:  This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.CATCHWORDSSmith v Western AustraliaCriminal law – Evidence – Exclusionary rule – Where appellant convicted upon verdict of jury – Where note suggesting juror physically coerced into changing verdict found in jury room after jury discharged – Whether evidence of unlawful coercion of juror by fellow juror admissible – Whether Sheriff should be ordered to conduct inquiry.Words and phrases – "exclusionary rule", "free and frank deliberation", "physical coercion".Criminal Appeals Act 2004 (WA), s 30(3)(c).Criminal Code (WA), s 123.Juries Act 1957 (WA), ss 56A, 56B.FRENCH CJ, CRENNAN, KIEFEL, GAGELER AND KEANE JJ.   It is a general rule of the administration of criminal justice under the common law that once a trial has been determined by an acquittal or conviction upon the verdict of...