R v Rogerson; R v McNamara (No 56) [2016] NSWSC 773

R v Rogerson; R v McNamara (No 56) [2016] NSWSC 773

The Crown's application was refused because the evidence established only that the juror was medically unfit for jury duty that day, with nothing in the medical certificate suggesting the illness would continue into the next day; the resulting interruption to deliberations was not sufficient to justify discharging the juror and continuing with 11 jurors.

Jurisdiction
Australia
Judgment Date
07 June 2016
Procedural Posture
Criminal Trial / Procedural Ruling During Jury Deliberations on Crown Application to Discharge an Ill Juror and Continue With 11 Jurors
Outcome
Crown application refused.
Legal Topics
['discharge of Individual Juror' 'juror Illness' 'continuation of Trial With Fewer Than 12 Jurors' 'jury Deliberations']
['criminal Law' 'jury Law'] ['discharge of Individual Juror' 'juror Illness' 'continuation of Trial With Fewer Than 12 Jurors' 'jury Deliberations']

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Procedural Posture

Criminal Trial / Procedural Ruling During Jury Deliberations on Crown Application to Discharge an Ill Juror and Continue With 11 Jurors

Legal Issues

  1. 1 ['Whether the Court should discharge an ill juror and order that deliberations continue with 11 jurors.' "Whether the juror's illness, evidenced by a medical certificate stating unfitness for jury duty for one day, justified exercise of the discretion under s 53B of the Jury Act 1977 (NSW)."]

Ratio Decidendi

The Crown's application was refused because the evidence established only that the juror was medically unfit for jury duty that day, with nothing in the medical certificate suggesting the illness would continue into the next day; the resulting interruption to deliberations was not sufficient to justify discharging the juror and continuing with 11 jurors.

Court Disposition

Crown application refused.

Orders

  • ["The Crown's application is refused."]