R v Martin (No 2) [2017] NSWSC 1250

R v Martin (No 2) [2017] NSWSC 1250

The juror's inability to concentrate due to distress constitutes sufficient grounds for discharge under s 53B(d) of the Jury Act 1977 (NSW), and—given the circumstances, the consent of the accused, the nature of the juror’s discharge, and absence of any risk to justice—continuation of the trial with eleven jurors does not give rise to a substantial miscarriage of justice, permitting the trial to continue under s 53C(b).

Jurisdiction
Australia
Judgment Date
06 September 2017
Procedural Posture
Criminal / Interlocutory Ruling During Trial
Outcome
Orders made discharging juror and continuing trial with eleven jurors.
Legal Topics
['discharge of Juror' 'continuation of Trial With Reduced Jury' 'jury Management']
['criminal Law'] ['discharge of Juror' 'continuation of Trial With Reduced Jury' 'jury Management']

Case Brief

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Procedural Posture

Criminal / Interlocutory Ruling During Trial

Legal Issues

  1. 1 ['Whether a juror should be discharged for inability to perform functions due to personal distress' 'Whether the trial should continue with eleven remaining jurors after discharge of one juror' 'Whether there is a risk of substantial miscarriage of justice if the trial continues with eleven jurors']

Ratio Decidendi

The juror's inability to concentrate due to distress constitutes sufficient grounds for discharge under s 53B(d) of the Jury Act 1977 (NSW), and—given the circumstances, the consent of the accused, the nature of the juror’s discharge, and absence of any risk to justice—continuation of the trial with eleven jurors does not give rise to a substantial miscarriage of justice, permitting the trial to continue under s 53C(b).

Court Disposition

Orders made discharging juror and continuing trial with eleven jurors.

Orders

  • ['Order that juror 395-90 be discharged.' 'Order that the trial to continue with the remaining eleven jurors.']