R v McNeill (Ruling No 3) [2007] NFSC 4

R v McNeill (Ruling No 3) [2007] NFSC 4

Given the juror's permanent incapacity due to illness and the significant delay and prejudice that would result from empanelling a new jury, the interests of justice and the accused are best served by proceeding with 11 jurors under s 5D of the Juries Act 1960 (NI). Both parties ultimately did not oppose this course and the statutory and common law principles support the exercise of discretion to continue the trial with 11 jurors in these circumstances.

Jurisdiction
Australia
Judgment Date
07 February 2007
Procedural Posture
Criminal / Ruling on Proceeding With Fewer Than Twelve Jurors After Discharge of Juror by Reason of Illness
Outcome
Trial to proceed with 11 jurors following the discharge of one juror due to illness.
Legal Topics
['juries' 'discharge of Juror' 'discretion to Proceed With Reduced Jury' 'procedural Fairness']
['criminal Law'] ['juries' 'discharge of Juror' 'discretion to Proceed With Reduced Jury' 'procedural Fairness']

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Procedural Posture

Criminal / Ruling on Proceeding With Fewer Than Twelve Jurors After Discharge of Juror by Reason of Illness

Legal Issues

  1. 1 ['Whether the trial should proceed with 11 jurors following the discharge of one juror for illness' 'Applicability and proper exercise of discretion under s 5D of the Juries Act 1960 (NI)']

Ratio Decidendi

Given the juror's permanent incapacity due to illness and the significant delay and prejudice that would result from empanelling a new jury, the interests of justice and the accused are best served by proceeding with 11 jurors under s 5D of the Juries Act 1960 (NI). Both parties ultimately did not oppose this course and the statutory and common law principles support the exercise of discretion to continue the trial with 11 jurors in these circumstances.

Court Disposition

Trial to proceed with 11 jurors following the discharge of one juror due to illness.

Orders

  • ['Juror discharged for compelling medical reasons.' 'Trial to continue with 11 jurors pursuant to s 5D of the Juries Act 1960 (NI).']