R v Hunter (No 3) [2014] NSWSC 1146

R v Hunter (No 3) [2014] NSWSC 1146

The individual juror was unable to continue because, before any evidence or the Crown opening, the juror reported feeling intimidated, scared and too emotionally distressed by the responsibility. Given the exceptionally serious murder count, the very early stage of the trial, the absence of lost time or repeated evidence, the estimated three-week trial length, and the reduced margin for further juror loss if the trial continued with 11 jurors, continuing with the remaining jurors could give rise to a risk of a substantial miscarriage of justice. The whole jury was therefore discharged.

Jurisdiction
Australia
Judgment Date
30 June 2014
Procedural Posture
Criminal Trial for Murder / Interlocutory Application Concerning Discharge of a Juror and Whether to Discharge the Whole Jury
Outcome
The whole jury is discharged.
Legal Topics
['juror Discharge' 'discharge of Whole Jury' 'risk of Substantial Miscarriage of Justice' 'juror Anxiety With Subject Matter of Trial']
['criminal Law' 'jury Law'] ['juror Discharge' 'discharge of Whole Jury' 'risk of Substantial Miscarriage of Justice' 'juror Anxiety With Subject Matter of Trial']

Case Brief

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Procedural Posture

Criminal Trial for Murder / Interlocutory Application Concerning Discharge of a Juror and Whether to Discharge the Whole Jury

Legal Issues

  1. 1 ['Whether an individual juror who reported feeling intimidated, scared and emotional should be discharged under s 53B of the Jury Act 1977 (NSW).' 'Whether the whole jury should be discharged under s 53C of the Jury Act 1977 (NSW) rather than continuing with 11 jurors.']

Ratio Decidendi

The individual juror was unable to continue because, before any evidence or the Crown opening, the juror reported feeling intimidated, scared and too emotionally distressed by the responsibility. Given the exceptionally serious murder count, the very early stage of the trial, the absence of lost time or repeated evidence, the estimated three-week trial length, and the reduced margin for further juror loss if the trial continued with 11 jurors, continuing with the remaining jurors could give rise to a risk of a substantial miscarriage of justice. The whole jury was therefore discharged.

Court Disposition

The whole jury is discharged.

Orders

  • ['The whole jury is discharged.']