R v Sateki Siale [2017] NSWSC 1030

R v Sateki Siale [2017] NSWSC 1030

After considering the juror's evidence, observing his answers, and taking into account his Australian schooling, pass in English, two tertiary degrees taught and examined in English, and current work requiring English, the Court was not satisfied that his ability to perform the functions of a juror was impaired to an extent that would affect satisfactory performance of those functions. The juror was not discharged and the trial was ordered to continue with the existing jury.

Jurisdiction
Australia
Judgment Date
26 July 2017
Procedural Posture
Criminal Trial for Murder / Procedural Ruling During Trial on Whether to Discharge a Juror or the Jury
Outcome
Application to discharge the juror declined; trial to continue with the jurors presently empanelled.
Legal Topics
['discharge of Juror' "juror's Ability to Perform Functions" 'english Language Capacity' 'fair Trial']
['criminal Law' 'criminal Procedure' 'jury Law'] ['discharge of Juror' "juror's Ability to Perform Functions" 'english Language Capacity' 'fair Trial']

Case Brief

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Procedural Posture

Criminal Trial for Murder / Procedural Ruling During Trial on Whether to Discharge a Juror or the Jury

Legal Issues

  1. 1 ['Whether Juror 110-72 should be discharged because concerns about English language skills affected his ability to perform the functions of a juror.' 'Whether the trial should continue with the jurors presently empanelled.']

Ratio Decidendi

After considering the juror's evidence, observing his answers, and taking into account his Australian schooling, pass in English, two tertiary degrees taught and examined in English, and current work requiring English, the Court was not satisfied that his ability to perform the functions of a juror was impaired to an extent that would affect satisfactory performance of those functions. The juror was not discharged and the trial was ordered to continue with the existing jury.

Court Disposition

Application to discharge the juror declined; trial to continue with the jurors presently empanelled.

Orders

  • ['Order that the trial continue with the jurors presently empanelled.']