R v Ronald Edward Medich (No. 10) [2017] NSWSC 32

R v Ronald Edward Medich (No. 10) [2017] NSWSC 32

The juror's note showed obvious concern about possible employment consequences arising from continued jury service, creating a clear danger that he would be preoccupied or distracted so that his ability to concentrate upon and follow the evidence might be compromised; in those circumstances, the discretion under s 53B of the Jury Act 1977 (NSW) should be exercised to discharge him.

Jurisdiction
Australia
Judgment Date
03 February 2017
Procedural Posture
Criminal Proceedings / Application or Consideration During Trial for Discharge of an Individual Juror
Outcome
Juror discharged and trial directed to continue with a jury of 14.
Legal Topics
['discharge of Juror' 'juror Ability to Perform Functions' 'jury Act 1977 (nsw) S 53 B' 'continuation of Trial With Reduced Jury']
['criminal Law' 'jury Procedure'] ['discharge of Juror' 'juror Ability to Perform Functions' 'jury Act 1977 (nsw) S 53 B' 'continuation of Trial With Reduced Jury']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Proceedings / Application or Consideration During Trial for Discharge of an Individual Juror

Legal Issues

  1. 1 ['Whether a juror who expressed concern that his employer was seeking legal advice about his continued jury service and might give him a hard time on return to work should be discharged.' 'Whether the trial should continue with the remaining jury after discharge of the juror.']

Ratio Decidendi

The juror's note showed obvious concern about possible employment consequences arising from continued jury service, creating a clear danger that he would be preoccupied or distracted so that his ability to concentrate upon and follow the evidence might be compromised; in those circumstances, the discretion under s 53B of the Jury Act 1977 (NSW) should be exercised to discharge him.

Court Disposition

Juror discharged and trial directed to continue with a jury of 14.

Orders

  • ['Juror 192-88 is discharged.' 'I direct that the trial continue with a jury of 14.']