R v JH (No 4) [2014] NSWSC 1967

R v JH (No 4) [2014] NSWSC 1967

There was no risk of substantial miscarriage of justice in continuing the trial with eleven jurors where there was no evidence of contamination among the remaining jurors, and the incident was promptly and appropriately managed. Accordingly, the trial should continue with the remaining eleven jurors under s 53C of the Jury Act 1977.

Parties
Crown: Regina; Accused: JH
Jurisdiction
Australia
Judgment Date
28 August 2014
Procedural Posture
Criminal / Application to Discharge Whole Jury Following Discharge of a Juror During Trial
Outcome
Application to discharge jury refused; trial to continue with eleven jurors
Legal Topics
Discharge of Jurors, Continuing Trial With Reduced Jury, Jury Act 1977 S 53 C
Criminal Law Jury Procedure Discharge of Jurors Continuing Trial With Reduced Jury Jury Act 1977 S 53 C

Case Brief

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Parties

Regina

Crown

JH

Accused

Procedural Posture

Criminal / Application to Discharge Whole Jury Following Discharge of a Juror During Trial

Legal Issues

  1. 1 Whether the whole jury should be discharged following the discharge of a single juror under s 53A of the Jury Act 1977
  2. 2 Whether continuing the trial with eleven jurors would give rise to a risk of substantial miscarriage of justice

Ratio Decidendi

There was no risk of substantial miscarriage of justice in continuing the trial with eleven jurors where there was no evidence of contamination among the remaining jurors, and the incident was promptly and appropriately managed. Accordingly, the trial should continue with the remaining eleven jurors under s 53C of the Jury Act 1977.

Court Disposition

Application to discharge jury refused; trial to continue with eleven jurors

Orders

  • Pursuant to s 53C of the Jury Act 1977, order that the trial continue with the remaining eleven jurors.