R v WE (No.18) [2020] NSWSC 373

R v WE (No.18) [2020] NSWSC 373

The juror was ill and, on the medical evidence, would remain unfit to perform his functions for at least the balance of the week, so the discretion under s 53B should be exercised to discharge him. Continuing the trial with the remaining 10 jurors would not give rise to the risk of a substantial miscarriage of justice because the evidence had long concluded, deliberations had been ongoing for some time, and only completion of the deliberations remained.

Jurisdiction
Australia
Judgment Date
07 April 2020
Procedural Posture
Criminal Trial / Crown Application During Jury Deliberations to Discharge an Individual Juror and Continue With a Jury of 10
Outcome
Juror number 00290038 discharged; trial ordered to continue with the remaining 10 members of the jury.
Legal Topics
['juries' 'discharge of Juror' 'reduced Jury' 'illness of Juror' 'covid 19 Pandemic']
['criminal Law' 'practice and Procedure'] ['juries' 'discharge of Juror' 'reduced Jury' 'illness of Juror' 'covid 19 Pandemic']

Case Brief

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Procedural Posture

Criminal Trial / Crown Application During Jury Deliberations to Discharge an Individual Juror and Continue With a Jury of 10

Legal Issues

  1. 1 ['Whether an individual juror should be discharged under s 53B of the Jury Act 1977 (NSW) because of illness.' 'Whether the trial should continue with the remaining 10 jurors under s 53C of the Jury Act 1977 or whether continuing would give rise to the risk of a substantial miscarriage of justice.']

Ratio Decidendi

The juror was ill and, on the medical evidence, would remain unfit to perform his functions for at least the balance of the week, so the discretion under s 53B should be exercised to discharge him. Continuing the trial with the remaining 10 jurors would not give rise to the risk of a substantial miscarriage of justice because the evidence had long concluded, deliberations had been ongoing for some time, and only completion of the deliberations remained.

Court Disposition

Juror number 00290038 discharged; trial ordered to continue with the remaining 10 members of the jury.

Orders

  • ['Pursuant to s 53B of the Jury Act 1977 juror number 00290038 is discharged.' 'I direct the Sheriff to inform that member of the jury immediately of my order.' 'Pursuant to s 53C of the Jury Act 1977 I order that the trial continue with the remaining 10 members of the jury.']