R v WE (No.8) [2019] NSWSC 1030

R v WE (No.8) [2019] NSWSC 1030

The medical certificate established that juror 2334050 was suffering severe stress due to deliberations and should withdraw immediately, satisfying the discretionary discharge criteria in s 53B(a) and s 53B(d). After that discharge, the altercation at an early stage of deliberations and the fact that the remaining jurors were not unanimous about whether they could continue deliberating harmoniously and effectively meant that continuing the trial would give rise to the risk of a substantial miscarriage of justice, requiring discharge of the remaining jury under s 53C(1)(a).

Jurisdiction
Australia
Judgment Date
13 August 2019
Procedural Posture
Criminal Trial / Procedural Ruling During Jury Deliberations on Discharge of an Individual Juror and the Remaining Jury
Outcome
Juror 2334050 and the remaining members of the jury were discharged.
Legal Topics
['juries' 'discharge of Juror' 'medical Incapacity of Juror' 'jury Deliberations' 'risk of Substantial Miscarriage of Justice']
['criminal Law'] ['juries' 'discharge of Juror' 'medical Incapacity of Juror' 'jury Deliberations' 'risk of Substantial Miscarriage of Justice']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Trial / Procedural Ruling During Jury Deliberations on Discharge of an Individual Juror and the Remaining Jury

Legal Issues

  1. 1 ['Whether juror 2334050 should be discharged because medical evidence showed severe stress due to jury deliberations.' 'Whether the trial should continue with the remaining jurors after an early altercation during deliberations and non-unanimous responses about whether deliberations could continue harmoniously and effectively.' 'Whether the Court had power to question the foreperson and remaining jurors about whether deliberations could continue effectively and harmoniously.']

Ratio Decidendi

The medical certificate established that juror 2334050 was suffering severe stress due to deliberations and should withdraw immediately, satisfying the discretionary discharge criteria in s 53B(a) and s 53B(d). After that discharge, the altercation at an early stage of deliberations and the fact that the remaining jurors were not unanimous about whether they could continue deliberating harmoniously and effectively meant that continuing the trial would give rise to the risk of a substantial miscarriage of justice, requiring discharge of the remaining jury under s 53C(1)(a).

Court Disposition

Juror 2334050 and the remaining members of the jury were discharged.

Orders

  • ['Juror 2334050 is discharged.' 'The remaining members of the jury are discharged.']