o Jurors told of their responsibilities and written notices/warnings
in the jury room
o 3 pronged approach to prevent jurors from researching case
o D searched case and disclosed info she found to other jurors
o D admitted to searching definition of GBH and area case
involved in and accidentally found an article on case
o Man wasn’t well known – had to specifically search for case to
find it
o Judge found her in contempt of court
o Trial/case collapsed – economic cost, waste time (of jurors,
solicitors, judge etc), victim will have to go through evidence all
over again
• Attorney General v Davey and Attorney General v Beard
o Judge said there should be uniform guidance given to jurors
• Person guilty of offence if research trial as a juror during trial
• Intentionally seek out info relevant to the case-mens rea
• How will authorities know jurors researched case?
Large Group Session 5 – Defamation
• Reasonable person test
• Wider reach of population that can be Ds
• Went from small section of population (i.e. celebrities) to everyday
citizens because of social media
• Injurisdictional element, complex
• Slander – degree of harm limited
21
, • Libel – degree of harm greater
• Anything said in a play = libel
• Libel can be successful without any damage
• Slander needs proof of financial loss
• Anything broadcasted = libel
• Cannot defame a dead person
• Balance of freedom of speech and reputation
• More defences = more favourable of freedom of speech
• Obv certain types of statements defamation
• Any allegation of serious criminal misconduct will always pass Sim v
Stretch test
• Byrne v Deane
o Golf club had illegally installed gambling mcines
o Was reported to police and they were removed
o B was accused of snitching and a poem was posted in a club of
accusation
o First instance judge agreed it had been capable of being
defamatory
o Court of appeal disagreed – assign a single defamation meaning
o Right thinking men of society wouldn’t see it as defamation
22
in the jury room
o 3 pronged approach to prevent jurors from researching case
o D searched case and disclosed info she found to other jurors
o D admitted to searching definition of GBH and area case
involved in and accidentally found an article on case
o Man wasn’t well known – had to specifically search for case to
find it
o Judge found her in contempt of court
o Trial/case collapsed – economic cost, waste time (of jurors,
solicitors, judge etc), victim will have to go through evidence all
over again
• Attorney General v Davey and Attorney General v Beard
o Judge said there should be uniform guidance given to jurors
• Person guilty of offence if research trial as a juror during trial
• Intentionally seek out info relevant to the case-mens rea
• How will authorities know jurors researched case?
Large Group Session 5 – Defamation
• Reasonable person test
• Wider reach of population that can be Ds
• Went from small section of population (i.e. celebrities) to everyday
citizens because of social media
• Injurisdictional element, complex
• Slander – degree of harm limited
21
, • Libel – degree of harm greater
• Anything said in a play = libel
• Libel can be successful without any damage
• Slander needs proof of financial loss
• Anything broadcasted = libel
• Cannot defame a dead person
• Balance of freedom of speech and reputation
• More defences = more favourable of freedom of speech
• Obv certain types of statements defamation
• Any allegation of serious criminal misconduct will always pass Sim v
Stretch test
• Byrne v Deane
o Golf club had illegally installed gambling mcines
o Was reported to police and they were removed
o B was accused of snitching and a poem was posted in a club of
accusation
o First instance judge agreed it had been capable of being
defamatory
o Court of appeal disagreed – assign a single defamation meaning
o Right thinking men of society wouldn’t see it as defamation
22
