R (Commonwealth) v Mark William Standen [2011] NSWSC 1047

R (Commonwealth) v Mark William Standen [2011] NSWSC 1047

The application for discharge of the jury was refused because the judge considered the jury could be relieved by a realistic estimate of the remaining trial length and there was no sufficient evidence that hardship and low morale would prevent the jury from rendering a fair verdict. The judge found that the jury's conduct and attention were exemplary and concluded that the accused would still receive a fair trial.

Jurisdiction
Australia
Judgment Date
23 June 2011
Procedural Posture
Criminal / Interlocutory Application Application to Discharge Jury
Outcome
Application for discharge of jury refused
Legal Topics
['application to Discharge Jury' 'jury Hardship' 'fair Trial']
['criminal Law'] ['application to Discharge Jury' 'jury Hardship' 'fair Trial']

Case Brief

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Procedural Posture

Criminal / Interlocutory Application Application to Discharge Jury

Legal Issues

  1. 1 ['Whether jury should be discharged due to hardship and low morale' 'Whether continued jury hardship affects fair trial' 'Whether directions to jury can address concerns']

Ratio Decidendi

The application for discharge of the jury was refused because the judge considered the jury could be relieved by a realistic estimate of the remaining trial length and there was no sufficient evidence that hardship and low morale would prevent the jury from rendering a fair verdict. The judge found that the jury's conduct and attention were exemplary and concluded that the accused would still receive a fair trial.

Court Disposition

Application for discharge of jury refused

Orders

  • ['Application to discharge jury is refused']