R v Lupton (No 7) [2022] NSWSC 157

R v Lupton (No 7) [2022] NSWSC 157

Because juror number 01441009 was self-isolating as a household contact and unable to perform the functions of a juror, and because the trial was near completion such that further delay was not in the interests of justice, the juror should be discharged and the trial should continue with 13 jurors; doing so would not occasion a substantial miscarriage of justice to either the prosecution or Mr Lupton.

Jurisdiction
Australia
Judgment Date
17 February 2022
Procedural Posture
Criminal Trial / Procedural Ruling During Trial on Discharge of an Individual Juror and Continuation With Reduced Number of Jurors
Outcome
Juror number 01441009 discharged; trial to continue with 13 jurors.
Legal Topics
['discharge of Juror' 'trial During COVID 19 Pandemic' 'household Contact Isolation' 'continuation of Trial With Reduced Number of Jurors' 'substantial Miscarriage of Justice']
['criminal Law' 'jury Procedure'] ['discharge of Juror' 'trial During COVID 19 Pandemic' 'household Contact Isolation' 'continuation of Trial With Reduced Number of Jurors' 'substantial Miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal Trial / Procedural Ruling During Trial on Discharge of an Individual Juror and Continuation With Reduced Number of Jurors

Legal Issues

  1. 1 ['Whether juror number 01441009 should be discharged under the Jury Act 1977 (NSW) because the juror was self-isolating as a household contact of a person who tested positive for COVID-19 by PCR test.' 'Whether the trial should continue with 13 jurors under s 53C of the Jury Act 1977 (NSW).' 'Whether continuing the trial with 13 jurors was likely to cause a substantial miscarriage of justice.']

Ratio Decidendi

Because juror number 01441009 was self-isolating as a household contact and unable to perform the functions of a juror, and because the trial was near completion such that further delay was not in the interests of justice, the juror should be discharged and the trial should continue with 13 jurors; doing so would not occasion a substantial miscarriage of justice to either the prosecution or Mr Lupton.

Court Disposition

Juror number 01441009 discharged; trial to continue with 13 jurors.

Orders

  • ['The juror 01441009 is discharged.' 'The trial is to continue with a reduced number of jurors, namely 13.']