Doe ex dem. Stewart against Denton

JurisdictionEngland & Wales
CourtCourt of the King's Bench
Judgment Date01 January 1785
Date01 January 1785

English Reports Citation: 99 E.R. 944

IN THE COURT OF KING'S BENCH

Vaise against Delaval

944 VAISE V. DEL AVAL 1 T. R. 11. [11] vaise against dei.aval. 1785. Affidavit of a juror that the jury, having been divided, tossed up, and that the plaintiff had won, rejected. Upon a motion by Law for a rule to set aside a verdict, upon an affidavit of two jurors, who swore that the jury, being divided in their opinion, tossed up, and that the plaintiffs friends won, in which was cited, Hale v. Cove, 1...

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13 cases
  • DPP v Mahon
    • Ireland
    • Supreme Court
    • 11 April 2019
    ...has been reached not by a consideration of the evidence but by a random tossing of a coin by two of their number; Vaise v Delaval (1785) 1 TR 11, see also Harvey v Hewitt (1840) 8 Dowl 598 where it alleged that the jurors had drawn lots to decide their verdict. An affidavit from the jury ba......
  • R v Mirza; R v Connor and Rollock
    • United Kingdom
    • House of Lords
    • 22 January 2004
    ...room. The importance of this rule was recognised long ago in an opinion given by Lord Mansfield in Vaise v Delaval (1785) 1 TR 11, 99 ER 944 (KB), where it was held that the court could not receive affidavits from two jurors indicating that they had decided on their verdict by tossing a co......
  • NH(Appellant) v The Director of Public Prosecutions
    • Australia
    • High Court
    • 31 August 2016
    ...v The Queen [No 2] (1984) 153 CLR 521 at 530–532 per Gibbs CJ and Mason J; [1984] HCA 7. 96 (2015) 123 SASR 523 at 570 [158]. 97 (1785) 1 TR 11 [ 99 ER 98 (1785) 1 TR 11 at 11 [ 99 ER 944 at 944] (footnotes omitted). 99 Rosshirt, ‘Admissibility of Jurors' Affidavits to Impeach Jury Verdict’......
  • Smith v Western Australia
    • Australia
    • High Court
    • 12 February 2014
    ...8 at [63]. 16 [2013] WASCA 7 at [48]–[49]. 17 [2013] WASCA 7 at [48]. 18 cf Minarowska (1995) 83 A Crim R 78 at 86. 19Vaise v Delaval (1785) 1 TR 11 [99 ER 944]. 20Phipson on Evidence, 15th ed (2000) at [24–32]. 21 [2004] 1 AC 1118 at 1173. 22 [1995] QB 324. 23 [2013] WASCA 7 at [10]. 24 (1......
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4 books & journal articles
  • The Criminal Jury in England and Scotland: The Confidentiality Principle and the Investigation of Impropriety
    • United Kingdom
    • Sage International Journal of Evidence & Proof, The No. 10-3, July 2006
    • 1 July 2006
    ...Democracy’ in N. Vidmar (ed.), World JurySystems (OUP: Oxford, 2000) 125. 5 [1922] 2 KB 113. 6 Ibid. at 118. See also Vaise v Dalava (1785) 1 TR 11; R v Armstrong [1922] All ER 153 at 157, per LordHewart CJ; R v Thompson [1962] 1 All ER 65. For Scotland, see the case of Janet Nicol (1767) d......
  • Subject Index
    • United Kingdom
    • Sage International Journal of Evidence & Proof, The No. 8-4, December 2004
    • 1 December 2004
    ...Ltd[2004] EWCA Civ 330, BAT .. 195–196United States of America v Philip MorrisInc. [2004] EWCA Civ 330 ........... 193Vaise v Delaval (1785) 1 TR 11 .........187Van Mechelen v The Netherlands(1998) 25 EHRR 647 ......................184Visser v The Netherlands [2002] CrimLR 495 ...................
  • The Complaining Juror: Attorney-General v Scotcher
    • United Kingdom
    • Sage International Journal of Evidence & Proof, The No. 10-1, February 2006
    • 1 February 2006
    ...left open and came up for consideration in the recent case of Attorney-General v Scotcher.4 * Email: g.daly@uea.ac.uk. 1 Vaise v Delaval (1785) 1 TR 11.2 R v Mirza; R v Connor and Rollock [2004] UKHL 2, [2004] 2 WLR 201, noted by G. Daly (2004) 8 & P 186; R v Smith [2005] UKHL 12, [2005] 1 ......
  • Jury Secrecy: R v Mirza; R v Connor and Rollock
    • United Kingdom
    • Sage International Journal of Evidence & Proof, The No. 8-3, July 2004
    • 1 July 2004
    ...the power of thecourt; it was the long-standing rule of the common law not s. 8 that restrictedthe court’s inquiry.115Vaise v Delaval (1785) 1 TR 11.6R v Miah [1997] 2 Cr App R 12.7Harvey v Hewitt (1840) 8 Dowl 598 (evidence taken from bailiff and persons in adjoining room).8R v Young (Step......