R v Khan (No 1) [2018] NSWSC 577

R v Khan (No 1) [2018] NSWSC 577

The individual juror was discharged because her correspondence showed she had lost confidence in her ability to freely discuss relevant matters and therefore to perform the essential functions of a juror. The entire jury was discharged because the trial was at an early stage, the correspondence suggested disharmony among at least some jurors, and jurors had discussed the accused's outbursts from the dock despite being directed to ignore them.

Jurisdiction
Australia
Judgment Date
02 May 2018
Procedural Posture
Criminal Trial / Procedural Ruling on Whether to Discharge a Juror or the Entire Jury During Trial
Outcome
The entire jury was discharged.
Legal Topics
['juries' 'discretionary Discharge of Juror' 'discharge of Entire Jury' 'juror Misconduct or Incapacity']
['criminal Law' 'practice and Procedure'] ['juries' 'discretionary Discharge of Juror' 'discharge of Entire Jury' 'juror Misconduct or Incapacity']

Case Brief

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Procedural Posture

Criminal Trial / Procedural Ruling on Whether to Discharge a Juror or the Entire Jury During Trial

Legal Issues

  1. 1 ['Whether an individual juror should be discharged after stating she had lost confidence in her ability to freely discuss matters in the jury room.' "Whether the remaining members of the jury should also be discharged in light of discussions about the accused's statements from the dock and apparent disharmony among jurors."]

Ratio Decidendi

The individual juror was discharged because her correspondence showed she had lost confidence in her ability to freely discuss relevant matters and therefore to perform the essential functions of a juror. The entire jury was discharged because the trial was at an early stage, the correspondence suggested disharmony among at least some jurors, and jurors had discussed the accused's outbursts from the dock despite being directed to ignore them.

Court Disposition

The entire jury was discharged.

Orders

  • ['The jury empanelled in the trial was discharged.']