R v Holmes (No 2) [2020] NSWSC 136

R v Holmes (No 2) [2020] NSWSC 136

The certificate was granted because the discharge of the jury was due to apprehended bias of a juror and was not attributable to the accused, counsel, or jury disagreement.

Parties
Crown: Regina; Accused: S. Holmes
Jurisdiction
Australia
Judgment Date
05 February 2020
Procedural Posture
Criminal / Discharge of Jury; Application for Suitors Fund Certificate
Outcome
Certificate granted under s 6A of the Suitors Fund Act 1951 NSW. Direction made regarding presentation of certificate for engrossment.
Legal Topics
Discharge of Jury, Suitors Fund Certificate
Criminal Procedure Discharge of Jury Suitors Fund Certificate

Case Brief

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Parties

Regina

Crown

S. Holmes

Accused

Procedural Posture

Criminal / Discharge of Jury; Application for Suitors Fund Certificate

Legal Issues

  1. 1 Whether a certificate under s 6A(1)(c) of the Suitors Fund Act 1951 NSW should be granted following discharge of the jury.

Ratio Decidendi

The certificate was granted because the discharge of the jury was due to apprehended bias of a juror and was not attributable to the accused, counsel, or jury disagreement.

Court Disposition

Certificate granted under s 6A of the Suitors Fund Act 1951 NSW. Direction made regarding presentation of certificate for engrossment.

Orders

  • Grant a certificate to the accused under the provisions of s 6A Suitors Fund Act 1951 NSW.
  • Direct the solicitor for the accused to bring in a certificate in proper form for engrossment by the Court.