R v Niguidula (No 9) [2023] NSWSC 620

Discharge of jury was not attributable to the accused or her counsel/solicitors; foundation was established for the issue of a Suitors' Fund Act certificate in favour of the accused.

Parties: Crown: Rex; Accused: Jenny Niguidula
Jurisdiction: Australia
Judgment Date: 02 June 2023
Procedural Posture: Criminal / Procedural Ruling Following Discharge of Jury
Outcome: Certificate under Suitors' Fund Act 1951 (NSW) issued to the accused.
Legal Topics: Criminal Procedure, Trial, Murder, Certificate Under Suitors' Fund Act 1951, Discharge of Jury

Criminal Law Criminal Procedure Trial Murder Certificate Under Suitors' Fund Act 1951 Discharge of Jury

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Parties

Rex

Crown

Jenny Niguidula

Accused

Procedural Posture

Criminal / Procedural Ruling Following Discharge of Jury

Legal Issues

1 Whether the accused is entitled to a certificate under the Suitors' Fund Act 1951 (NSW) following discharge of jury not attributable to the accused or her counsel/solicitors

Ratio Decidendi

Discharge of jury was not attributable to the accused or her counsel/solicitors; foundation was established for the issue of a Suitors' Fund Act certificate in favour of the accused.

Court Disposition

Certificate under Suitors' Fund Act 1951 (NSW) issued to the accused.

Orders

Certificate issued under Suitors' Fund Act 1951 (NSW) in favour of the accused. Two copies executed; one retained by the Court and one provided to the accused's solicitor.