R v Lupton (No 2) [2022] NSWSC 34

R v Lupton (No 2) [2022] NSWSC 34

Because the parties agreed the true trial estimate was 4 weeks, the COVID-19 pandemic and expected AVL evidence increased the risk of delay and juror unavailability, additional jurors were appropriate to ensure enough jurors would remain to consider the verdict, and the courtroom and deliberation facilities could safely accommodate them, the requirements of s 19(2) of the Jury Act 1977 (NSW) were satisfied.

Jurisdiction
Australia
Judgment Date
19 January 2022
Procedural Posture
Criminal Trial / Procedural Ruling on Empanelment of Additional Jurors
Outcome
Order made for three additional jurors to be selected.
Legal Topics
['empanelment of Additional Jurors' 'jury Trial Procedure' 'covid 19 Pandemic and Trial Management' 'adequacy of Facilities for Jurors']
['criminal Law' 'practice and Procedure'] ['empanelment of Additional Jurors' 'jury Trial Procedure' 'covid 19 Pandemic and Trial Management' 'adequacy of Facilities for Jurors']

Case Brief

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Procedural Posture

Criminal Trial / Procedural Ruling on Empanelment of Additional Jurors

Legal Issues

  1. 1 ['Whether the trial was of a kind prescribed by the regulations for the purposes of s 19(2) of the Jury Act 1977 (NSW).' 'Whether selecting additional jurors was an appropriate means of ensuring sufficient jurors would remain when the jury was required to consider its verdict.' 'Whether appropriate facilities were available to accommodate the additional jurors.']

Ratio Decidendi

Because the parties agreed the true trial estimate was 4 weeks, the COVID-19 pandemic and expected AVL evidence increased the risk of delay and juror unavailability, additional jurors were appropriate to ensure enough jurors would remain to consider the verdict, and the courtroom and deliberation facilities could safely accommodate them, the requirements of s 19(2) of the Jury Act 1977 (NSW) were satisfied.

Court Disposition

Order made for three additional jurors to be selected.

Orders

  • ['Order pursuant to s 19(2) of the Jury Act 1977 (NSW) that three additional jurors should be selected for the jury in this trial.']