R v Nancarrow (No 4) [2022] NSWSC 283

R v Nancarrow (No 4) [2022] NSWSC 283

Because the juror had tested positive for COVID-19, was symptomatic, and was required to self-isolate, it was appropriate to exercise the discretion to discharge her. Although continuing with only 10 jurors was a difficult decision and the reduced number made the situation precarious, the concurrence of both parties, the advanced stage of the trial, and the absence of a risk of substantial miscarriage of justice justified continuing the trial with 10 jurors under s 53C.

Jurisdiction
Australia
Judgment Date
10 March 2022
Procedural Posture
Criminal Law Murder Trial Procedural Ruling / Seventh Day of Trial; Application or Consideration of Discharge of an Individual Juror and Continuation With a Reduced Number of Jurors
Outcome
Juror discharged; trial ordered to continue with a reduced number of jurors.
Legal Topics
['discharge of Juror' 'reduced Jury' 'covid 19 Pandemic' 'substantial Miscarriage of Justice' 'majority Verdict']
['criminal Law' 'criminal Procedure' 'jury Law'] ['discharge of Juror' 'reduced Jury' 'covid 19 Pandemic' 'substantial Miscarriage of Justice' 'majority Verdict']

Case Brief

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Procedural Posture

Criminal Law Murder Trial Procedural Ruling / Seventh Day of Trial; Application or Consideration of Discharge of an Individual Juror and Continuation With a Reduced Number of Jurors

Legal Issues

  1. 1 ['Whether juror number 578-8 02848112 should be discharged after testing positive for COVID-19 and experiencing symptoms.' 'Whether the trial should continue with 10 jurors after the discharge.' 'Whether continuing with 10 jurors was likely to cause a substantial miscarriage of justice.']

Ratio Decidendi

Because the juror had tested positive for COVID-19, was symptomatic, and was required to self-isolate, it was appropriate to exercise the discretion to discharge her. Although continuing with only 10 jurors was a difficult decision and the reduced number made the situation precarious, the concurrence of both parties, the advanced stage of the trial, and the absence of a risk of substantial miscarriage of justice justified continuing the trial with 10 jurors under s 53C.

Court Disposition

Juror discharged; trial ordered to continue with a reduced number of jurors.

Orders

  • ['Juror number 578-8 02848112 is discharged.' 'Trial to continue with a reduced number of jurors.']