R v Sharpe (No 3) [2021] NSWSC 33

R v Sharpe (No 3) [2021] NSWSC 33

Juror No 11 was clearly preoccupied with employment commitments and might have to work until the early hours before attending court, creating circumstances potentially unfair to both the Crown and the accused and affecting her ability to perform the functions of a juror, so she should be discharged under s 53B(d). On the evidence then before the Court, the concern about another juror was unsupported by any issue raised by that juror, and the asserted risks of further reduction were speculative; there was no risk of a substantial miscarriage of justice if the trial continued with 11 jurors, so s 53C(1)(b) required continuation with a reduced jury.

Jurisdiction
Australia
Judgment Date
02 February 2021
Procedural Posture
Criminal Trial on Indictment Alleging Murder / Procedural Ruling During Trial on Discharge of Juror and Whether Trial Should Continue With Reduced Jury
Outcome
Juror No 11 discharged; application to discharge the entire jury not granted; trial ordered to continue with a jury of 11.
Legal Topics
['juries' 'discharge of Juror' 'continuation of Trial With Reduced Jury' 'risk of Substantial Miscarriage of Justice']
['criminal Law' 'practice and Procedure'] ['juries' 'discharge of Juror' 'continuation of Trial With Reduced Jury' 'risk of Substantial Miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal Trial on Indictment Alleging Murder / Procedural Ruling During Trial on Discharge of Juror and Whether Trial Should Continue With Reduced Jury

Legal Issues

  1. 1 ['Whether Juror No 11 should be discharged under s 53B(d) of the Jury Act 1977 (NSW) because issues affecting her capacity to serve had arisen after empanelment.' 'Whether the whole jury should be discharged under s 53C(1)(a) of the Jury Act 1977 (NSW), or whether the trial should continue with 11 jurors under s 53C(1)(b).']

Ratio Decidendi

Juror No 11 was clearly preoccupied with employment commitments and might have to work until the early hours before attending court, creating circumstances potentially unfair to both the Crown and the accused and affecting her ability to perform the functions of a juror, so she should be discharged under s 53B(d). On the evidence then before the Court, the concern about another juror was unsupported by any issue raised by that juror, and the asserted risks of further reduction were speculative; there was no risk of a substantial miscarriage of justice if the trial continued with 11 jurors, so s 53C(1)(b) required continuation with a reduced jury.

Court Disposition

Juror No 11 discharged; application to discharge the entire jury not granted; trial ordered to continue with a jury of 11.

Orders

  • ['Pursuant to s 53B(d) of the Jury Act 1977 (NSW) Juror No 11 from panel 218 is discharged.' 'I direct the Sheriff to notify the juror in question of that order forthwith.' 'Pursuant to s 53C(1)(b) of the Jury Act 1977 (NSW) I order that the trial continue with a jury of 11.']