R v Cranston (No 15) [2022] NSWSC 977

R v Cranston (No 15) [2022] NSWSC 977

The discretionary power under s 53B(d) of the Jury Act 1977 (NSW) was exercised because Juror 02960699's ability to perform juror functions was seriously compromised by insomnia and inability to stay awake, requiring discharge. Pursuant to s 53C(1)(b), the trial was ordered to continue with the remaining thirteen jurors.

Parties
Crown: Regina; Accused: Adam Michael Cranston; Accused: Lauren Anne Cranston; Accused: Jason Cornell Onley; Accused: Dev Menon; Accused: Patrick Willmott
Jurisdiction
Australia
Judgment Date
21 July 2022
Procedural Posture
Criminal Trial / Ruling on Discharge of Individual Juror and Continuation of Trial
Outcome
Individual juror discharged; trial to continue with remaining jurors
Legal Topics
Criminal Procedure, Trial, Jury Discharge, Jury Continuation
Criminal Law Criminal Procedure Trial Jury Discharge Jury Continuation

Case Brief

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Parties

Regina

Crown

Adam Michael Cranston

Accused

Lauren Anne Cranston

Accused

Jason Cornell Onley

Accused

Dev Menon

Accused

Patrick Willmott

Accused

Procedural Posture

Criminal Trial / Ruling on Discharge of Individual Juror and Continuation of Trial

Legal Issues

  1. 1 Whether an individual juror should be discharged due to incapacity or inability to perform juror functions
  2. 2 Whether the trial should continue with remaining jurors

Ratio Decidendi

The discretionary power under s 53B(d) of the Jury Act 1977 (NSW) was exercised because Juror 02960699's ability to perform juror functions was seriously compromised by insomnia and inability to stay awake, requiring discharge. Pursuant to s 53C(1)(b), the trial was ordered to continue with the remaining thirteen jurors.

Court Disposition

Individual juror discharged; trial to continue with remaining jurors

Orders

  • The individual Juror 02960699 is discharged pursuant to s 53B(d) of the Jury Act 1977 (NSW).
  • Pursuant to s 53C(1)(b) of the Jury Act, the trial is to continue with the remaining thirteen jurors.