R v Martinez; R v Tortell (No. 2) [2019] NSWSC 1618

R v Martinez; R v Tortell (No. 2) [2019] NSWSC 1618

The juror's note raised significant mental health issues affecting the juror's ability to remain in the trial until its conclusion; because those health issues justified discharge under s.53B Jury Act 1977, and because the trial could recommence before a fresh available panel, the balance of the jury should also be discharged under s.53C Jury Act 1977.

Jurisdiction
Australia
Judgment Date
12 November 2019
Procedural Posture
Criminal Procedure / Joint Application to Discharge Juror and Balance of Jury After Empanelment
Outcome
Application allowed; juror and balance of jury discharged.
Legal Topics
['discharge of Juror' 'discharge of Jury' 'juror Mental Health' 'jury Empanelment']
['criminal Procedure'] ['discharge of Juror' 'discharge of Jury' 'juror Mental Health' 'jury Empanelment']

Case Brief

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Procedural Posture

Criminal Procedure / Joint Application to Discharge Juror and Balance of Jury After Empanelment

Legal Issues

  1. 1 ['Whether the juror seeking to be excused ought to be discharged from the jury because of health issues raised.' 'Whether the balance of the jury should be discharged so that the trial could commence again before a fresh panel.']

Ratio Decidendi

The juror's note raised significant mental health issues affecting the juror's ability to remain in the trial until its conclusion; because those health issues justified discharge under s.53B Jury Act 1977, and because the trial could recommence before a fresh available panel, the balance of the jury should also be discharged under s.53C Jury Act 1977.

Court Disposition

Application allowed; juror and balance of jury discharged.

Orders

  • ['The juror seeking to be discharged is discharged from the jury.' 'The balance of the jury is discharged.']