Law Weblog

R v Lowry [2004] CA

[Juries – deliberations – evidence not before the court]
D unlawfully wounded V with a knife which he “found in his hand when he removed it from his pocket”. The jury indicated that the knife had fallen apart during their deliberations. The judge directed the jury that the knife itself was unimportant and that the jury should not waste their time considering it. It later became apparent that the jury had reassembled the knife. D contended that the jury had plainly carried out an improper experiment on the exhibit and, since that had not occurred in open court, there had been an irregularity in the trial, which had rendered the conviction unsafe.

Held: It was impossible to speculate as to whether there had been any improper reconstruction carried out by the jury. It was clear that anything not before a jury in the course of evidence was inadmissible thereafter. Further, where there was a risk that the jury might reconstruct events out of line with the evidence, they were to be warned not to do so. However, in the instant case, what was obviously relevant was the size of the knife and whether it was likely the defendant had reached into his pocket and pulled it out believing it to be money.

Guilty