R v Crane & Ors (Trial Ruling No 12) [2022] NSWSC 1228

R v Crane & Ors (Trial Ruling No 12) [2022] NSWSC 1228

The application was refused because, considering the judge's own observations and counsel's reported observations cumulatively, Juror F's conduct was ambiguous, brief, consistent with restlessness or interim reactions during trial, and did not provide a sufficient basis for a fair-minded and informed lay observer to conclude that he might not bring an impartial mind to assessing the evidence and deliberating conscientiously on the verdicts.

Jurisdiction
Australia
Judgment Date
25 July 2022
Procedural Posture
Criminal Trial Ruling / Application to Discharge an Individual Juror Under the Jury Act 1977 (nsw) During Closing Addresses
Outcome
Application to discharge Juror F for apprehended bias refused.
Legal Topics
['discharge of Individual Juror' 'reasonable Apprehension of Bias' 'juror Impartiality' 'jury Act 1977 (nsw) S 53 B(b)']
['criminal Law' 'jury Law and Procedure'] ['discharge of Individual Juror' 'reasonable Apprehension of Bias' 'juror Impartiality' 'jury Act 1977 (nsw) S 53 B(b)']

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Procedural Posture

Criminal Trial Ruling / Application to Discharge an Individual Juror Under the Jury Act 1977 (nsw) During Closing Addresses

Legal Issues

  1. 1 ['Whether the observed conduct of Juror F gave rise to a reasonable apprehension of bias such that the juror may not be able to give impartial consideration to the case under s 53B(b) of the Jury Act 1977 (NSW).']

Ratio Decidendi

The application was refused because, considering the judge's own observations and counsel's reported observations cumulatively, Juror F's conduct was ambiguous, brief, consistent with restlessness or interim reactions during trial, and did not provide a sufficient basis for a fair-minded and informed lay observer to conclude that he might not bring an impartial mind to assessing the evidence and deliberating conscientiously on the verdicts.

Court Disposition

Application to discharge Juror F for apprehended bias refused.

Orders

  • ['The application to discharge Juror F was refused.']