R v Turnbull (No. 7) [2016] NSWSC 517

The balance between the reason for juror discharge, the stage of proceedings, and the principle of trial by a full jury of twelve justified discharging the whole jury and commencing afresh, rather than proceeding with eleven jurors, to safeguard the administration of justice.

Jurisdiction: Australia
Judgment Date: 22 April 2016
Procedural Posture: Criminal / Ruling on Discharge of Juror and Jury; Pre Trial Adjournment
Outcome: Jury (including applying juror) discharged; new trial ordered to commence with new panel.
Legal Topics: ['discharge of Jurors' 'jury Empanelment' 'criminal Trial Procedure' 'adjournment of Trial']

['criminal Law' 'procedure'] ['discharge of Jurors' 'jury Empanelment' 'criminal Trial Procedure' 'adjournment of Trial']

Case Brief

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Procedural Posture

Criminal / Ruling on Discharge of Juror and Jury; Pre Trial Adjournment

Legal Issues

1 ['Whether an individual juror should be discharged under s.53B(d) Jury Act 1977 due to family health issues' 'Whether the trial should continue with a jury of eleven or the whole jury should be discharged under s.53C Jury Act 1977']

Ratio Decidendi

Court Disposition

Jury (including applying juror) discharged; new trial ordered to commence with new panel.

Orders

['Pursuant to s.53B Jury Act 1977, the individual juror who has made application to be discharged is discharged.' 'The balance of the jury is discharged.' 'New trial to commence on Tuesday, 26 April 2016.']