R (Commonwealth) v Mark William Standen [2011] NSWSC 1050

R (Commonwealth) v Mark William Standen [2011] NSWSC 1050

Given the juror’s significant pre-existing commitments, the exceeded trial estimate, and the consent of both parties, the court exercised its discretion under Jury Act s 53B(d) to discharge the juror.

Parties
Prosecution: Regina; Accused: Mark William Standen
Jurisdiction
Australia
Judgment Date
01 July 2011
Procedural Posture
Criminal / Interlocutory Application Discharge of Juror
Outcome
Application to discharge the juror granted.
Legal Topics
Discharge of Juror, Jury Management, Trial Procedure
Criminal Law Discharge of Juror Jury Management Trial Procedure

Case Brief

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Parties

Regina

Prosecution

Mark William Standen

Accused

Procedural Posture

Criminal / Interlocutory Application Discharge of Juror

Legal Issues

  1. 1 Whether to discharge a juror due to personal commitments affecting ability to serve

Ratio Decidendi

Given the juror’s significant pre-existing commitments, the exceeded trial estimate, and the consent of both parties, the court exercised its discretion under Jury Act s 53B(d) to discharge the juror.

Court Disposition

Application to discharge the juror granted.

Orders

  • Juror is discharged from further participation in the trial.