R v Qaumi & Ors (No 21) [2016] NSWSC 402

R v Qaumi & Ors (No 21) [2016] NSWSC 402

After confidential inquiries and the juror's evidence on oath established that she only knew the officer through her brother, knew only that the officer was employed by the Department, had no knowledge of the officer's job level or position, and had not discussed the relationship with other jurors beyond the disclosed fact, the accused withdrew their applications; there was no established basis under s 53B to discharge the juror, so the applications were dismissed and the juror remained on the jury.

Jurisdiction
Australia
Judgment Date
07 April 2016
Procedural Posture
Criminal Jury Trial / Application Under S 53 B of the Jury Act 1977 (nsw) to Discharge an Individual Juror During Trial
Outcome
Application for discharge of individual juror withdrawn and dismissed; juror remained on the jury and the trial continued.
Legal Topics
['discharge of Individual Juror' 'juror Impartiality' 'questioning Juror on Oath' 'apprehension of Bias']
['criminal Law' 'jury Procedure'] ['discharge of Individual Juror' 'juror Impartiality' 'questioning Juror on Oath' 'apprehension of Bias']

Case Brief

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Procedural Posture

Criminal Jury Trial / Application Under S 53 B of the Jury Act 1977 (nsw) to Discharge an Individual Juror During Trial

Legal Issues

  1. 1 ['Whether an individual juror should be discharged under s 53B of the Jury Act 1977 (NSW) after disclosing acquaintance with a Corrective Services Officer.' "Whether the juror's acquaintance with an officer from a specialist security unit affected the juror's ability to perform the functions of a juror or give impartial consideration to the case." "What procedure should be followed to inquire into the juror's disclosure without intruding on jury deliberations or creating prejudice."]

Ratio Decidendi

After confidential inquiries and the juror's evidence on oath established that she only knew the officer through her brother, knew only that the officer was employed by the Department, had no knowledge of the officer's job level or position, and had not discussed the relationship with other jurors beyond the disclosed fact, the accused withdrew their applications; there was no established basis under s 53B to discharge the juror, so the applications were dismissed and the juror remained on the jury.

Court Disposition

Application for discharge of individual juror withdrawn and dismissed; juror remained on the jury and the trial continued.

Orders

  • ['Application for discharge of individual juror withdrawn and dismissed.']