R v Rogerson; R v McNamara (No 55) [2016] NSWSC 720

R v Rogerson; R v McNamara (No 55) [2016] NSWSC 720

The juror's Ramadan-related business commitments would require him to work until about 4am each day if deliberations continued into the following week, leaving only a matter of hours before court attendance for serious deliberations. Those circumstances would affect his ability to perform his functions properly, would be unfair to the parties, and created a risk that he might conform to a view merely to be free to conduct his business. The discretion under s 53B(d) of the Jury Act 1977 (NSW) should therefore be exercised to discharge him and allow the trial to proceed with the remaining 12 jurors.

Jurisdiction
Australia
Judgment Date
02 June 2016
Procedural Posture
Criminal Trial / Procedural Ruling During Summing Up on Discretionary Discharge of Juror
Outcome
Juror discharged; trial to proceed with remaining 12 jurors.
Legal Topics
['discretionary Discharge of Juror' 'juror Ability to Perform Functions' 'jury Deliberations']
['criminal Law' 'jury Law'] ['discretionary Discharge of Juror' 'juror Ability to Perform Functions' 'jury Deliberations']

Case Brief

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Procedural Posture

Criminal Trial / Procedural Ruling During Summing Up on Discretionary Discharge of Juror

Legal Issues

  1. 1 ["Whether the Court should exercise the discretion under s 53B(d) of the Jury Act 1977 (NSW) to discharge a juror because of work commitments affecting the juror's ability to perform the functions of a juror." 'Whether the trial should proceed with the remaining 12 jurors after discharge of the juror.']

Ratio Decidendi

The juror's Ramadan-related business commitments would require him to work until about 4am each day if deliberations continued into the following week, leaving only a matter of hours before court attendance for serious deliberations. Those circumstances would affect his ability to perform his functions properly, would be unfair to the parties, and created a risk that he might conform to a view merely to be free to conduct his business. The discretion under s 53B(d) of the Jury Act 1977 (NSW) should therefore be exercised to discharge him and allow the trial to proceed with the remaining 12 jurors.

Court Disposition

Juror discharged; trial to proceed with remaining 12 jurors.

Orders

  • ['Juror number 01436073 is discharged.' 'The trial is to proceed with the remaining 12 jurors.']