R v Ronald Edward Medich (No. 37) [2018] NSWSC 313

R v Ronald Edward Medich (No. 37) [2018] NSWSC 313

The judge found that, despite the juror's reassurances, her expressed willingness to disguise her appearance and take precautions indicated ongoing concern. Given the case evidence and circumstances, there was a real risk she might attribute the incident to the accused, raising a reasonable suspicion as to impartiality that could not be cured by judicial direction; the juror should therefore be discharged and the trial should continue with 11 jurors.

Jurisdiction
Australia
Judgment Date
13 March 2018
Procedural Posture
Criminal / Procedural Ruling During Trial
Outcome
Application granted; juror discharged; trial to continue with 11 jurors.
Legal Topics
['juries' 'discretionary Discharge of Juror' 'irregularity During Trial' 'fair Trial']
['criminal Law'] ['juries' 'discretionary Discharge of Juror' 'irregularity During Trial' 'fair Trial']

Case Brief

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Procedural Posture

Criminal / Procedural Ruling During Trial

Legal Issues

  1. 1 ['Whether a juror should be discharged following an incident causing concern for impartiality' 'Whether the trial should continue with 11 jurors after discharge of a juror']

Ratio Decidendi

The judge found that, despite the juror's reassurances, her expressed willingness to disguise her appearance and take precautions indicated ongoing concern. Given the case evidence and circumstances, there was a real risk she might attribute the incident to the accused, raising a reasonable suspicion as to impartiality that could not be cured by judicial direction; the juror should therefore be discharged and the trial should continue with 11 jurors.

Court Disposition

Application granted; juror discharged; trial to continue with 11 jurors.

Orders

  • ['Juror number 976-4 is discharged.' 'Pursuant to s 22(a) of the Jury Act 1977 (NSW), the trial is to continue with a reduced number of jurors.']