R v Hunter (No 10) [2014] NSWSC 1153

R v Hunter (No 10) [2014] NSWSC 1153

The juror was discharged because the unexpected sporting commitment would likely leave the juror distracted, disgruntled and disappointed, and continuation with the remaining 11 jurors would not give rise to a risk of substantial miscarriage of justice because the trial was proceeding smoothly, about half the Crown witnesses had been dealt with, deliberations were expected soon, and there was no suggestion of anything untoward in the jury room.

Jurisdiction
Australia
Judgment Date
14 July 2014
Procedural Posture
Criminal / Interlocutory Application Concerning Discharge of a Juror and Whether the Trial Should Continue With 11 Jurors
Outcome
The juror was to be discharged and the trial will continue with 11 jurors.
Legal Topics
['juror Discharge' 'reduced Jury' 'substantial Miscarriage of Justice']
['criminal Law'] ['juror Discharge' 'reduced Jury' 'substantial Miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal / Interlocutory Application Concerning Discharge of a Juror and Whether the Trial Should Continue With 11 Jurors

Legal Issues

  1. 1 ["Whether a juror who had received an unexpected elite-level sporting invitation requiring one week's training away from Sydney should be discharged under s 53B of the Jury Act 1977 (NSW)." 'Whether the trial should continue with 11 jurors under s 53C(1)(a) of the Jury Act 1977 (NSW).']

Ratio Decidendi

The juror was discharged because the unexpected sporting commitment would likely leave the juror distracted, disgruntled and disappointed, and continuation with the remaining 11 jurors would not give rise to a risk of substantial miscarriage of justice because the trial was proceeding smoothly, about half the Crown witnesses had been dealt with, deliberations were expected soon, and there was no suggestion of anything untoward in the jury room.

Court Disposition

The juror was to be discharged and the trial will continue with 11 jurors.

Orders

  • ['The trial will continue with 11 jurors.']