R v Bentley; R v Davies; R v Thomas; R v Tilley [2018] NSWSC 370

R v Bentley; R v Davies; R v Thomas; R v Tilley [2018] NSWSC 370

The juror's statements to the Sheriff's officer showed that he was suffering from anxiety about being with the other jurors, had disengaged from the process and wanted no further part in it, creating a real risk that if required to continue he might decide the case from a desire to end the process rather than from calm consideration of the evidence. The juror was therefore so ill or incapacitated as to be likely to become unable to serve before verdict. Continuing with the remaining eleven jurors posed no risk of a substantial miscarriage of justice because the remaining jurors appeared diligent, there was no indication of dissent, disharmony or deadlock, and nothing suggested the...

Jurisdiction
Australia
Judgment Date
23 March 2018
Procedural Posture
Criminal Trial / Procedural Ruling During Jury Deliberations on Discharge of an Individual Juror and Continuation With a Reduced Jury
Outcome
Juror discharged; trial to continue with 11 jurors.
Legal Topics
['discharge of Individual Juror' 'juror Illness or Incapacity' 'continuation of Trial With Reduced Jury' 'risk of Substantial Miscarriage of Justice']
['criminal Procedure'] ['discharge of Individual Juror' 'juror Illness or Incapacity' 'continuation of Trial With Reduced Jury' 'risk of Substantial Miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal Trial / Procedural Ruling During Jury Deliberations on Discharge of an Individual Juror and Continuation With a Reduced Jury

Legal Issues

  1. 1 ['Whether the juror had become so ill or incapacitated as to be likely to become unable to serve as a juror before the jury delivered its verdicts.' 'Whether the trials should continue with the remaining eleven jurors or the jury should be discharged.']

Ratio Decidendi

The juror's statements to the Sheriff's officer showed that he was suffering from anxiety about being with the other jurors, had disengaged from the process and wanted no further part in it, creating a real risk that if required to continue he might decide the case from a desire to end the process rather than from calm consideration of the evidence. The juror was therefore so ill or incapacitated as to be likely to become unable to serve before verdict. Continuing with the remaining eleven jurors posed no risk of a substantial miscarriage of justice because the remaining jurors appeared diligent, there was no indication of dissent, disharmony or deadlock, and nothing suggested the...

Court Disposition

Juror discharged; trial to continue with 11 jurors.

Orders

  • ['Juror discharged.' 'Trial to continue with 11 jurors.']