Regina v Ronen & Ors [2005] NSWSC 319

Regina v Ronen & Ors [2005] NSWSC 319

In the wholly unusual circumstances, the juror had made significant personal sacrifices after being told the trial would last three to four months but remaining empanelled for nearly nine months, and it would be intolerable and completely unreasonable to require her to continue. The absence of opposition to continuation with 10 jurors was also a proper factor to consider. The discretion under s 22 was exercised to discharge the juror.

Jurisdiction
Australia
Judgment Date
20 January 2005
Procedural Posture
Criminal Proceedings / Application for Discharge of Juror During Trial
Outcome
Juror discharged
Legal Topics
['discharge of Juror' 'continuation of Trial With Reduced Jury' 'jury Act S 22']
['criminal Procedure' 'jury Law'] ['discharge of Juror' 'continuation of Trial With Reduced Jury' 'jury Act S 22']

Case Brief

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Procedural Posture

Criminal Proceedings / Application for Discharge of Juror During Trial

Legal Issues

  1. 1 ['Whether a juror should be discharged under s 22 of the Jury Act because overseas travel and family commitments made before empanelment had been repeatedly altered due to the unexpectedly long trial.' 'Whether the Court should take into account the likely subsequent application for the trial to continue with 10 jurors.']

Ratio Decidendi

In the wholly unusual circumstances, the juror had made significant personal sacrifices after being told the trial would last three to four months but remaining empanelled for nearly nine months, and it would be intolerable and completely unreasonable to require her to continue. The absence of opposition to continuation with 10 jurors was also a proper factor to consider. The discretion under s 22 was exercised to discharge the juror.

Court Disposition

Juror discharged

Orders

  • ['I discharge the juror.']