R v Patel [2018] NSWSC 144

R v Patel [2018] NSWSC 144

Juror C was appropriately discharged in accordance with s 53B(a) and/or (d) of the Jury Act 1977 (NSW) due to a medical condition rendering her unable to reliably perform juror functions, and the trial could properly continue with the remaining eleven jurors as there was no risk of substantial miscarriage of justice.

Parties
Crown: Regina; Accused: Manisha Patel
Jurisdiction
Australia
Judgment Date
12 February 2018
Procedural Posture
Criminal Trial / During Trial (murder Trial Before Jury)
Outcome
Juror C discharged; trial to continue with eleven jurors.
Legal Topics
Discharge of Juror, Jury Management, Jury Illness, Continuation of Trial With Reduced Jury
Criminal Law Procedure Discharge of Juror Jury Management Jury Illness Continuation of Trial With Reduced Jury

Case Brief

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Parties

Regina

Crown

Manisha Patel

Accused

Procedural Posture

Criminal Trial / During Trial (murder Trial Before Jury)

Legal Issues

  1. 1 Whether Juror C should be discharged due to medical incapacity
  2. 2 Whether the trial should continue with a reduced number of jurors

Ratio Decidendi

Juror C was appropriately discharged in accordance with s 53B(a) and/or (d) of the Jury Act 1977 (NSW) due to a medical condition rendering her unable to reliably perform juror functions, and the trial could properly continue with the remaining eleven jurors as there was no risk of substantial miscarriage of justice.

Court Disposition

Juror C discharged; trial to continue with eleven jurors.

Orders

  • Juror C discharged pursuant to s 53B of the Jury Act 1977 (NSW)
  • Trial to continue with reduced number of jurors, being eleven, pursuant to s 53C(1)(b) of the Jury Act 1977 (NSW)