R v Cranston (No 16) [2022] NSWSC 1166

R v Cranston (No 16) [2022] NSWSC 1166

Juror 01052964 was placed in an intolerable financial position due to employer ceasing make-up payments after 10 days, and the applicable statutory schemes did not clearly require employer to continue such payments beyond this period. Juror's continued participation would cause significant financial detriment affecting their ability to serve, justifying discharge under Jury Act 1977 (NSW) s 53B(d), and trial could continue with remaining jurors under s 53C(1)(b).

Jurisdiction
Australia
Judgment Date
31 August 2022
Procedural Posture
Criminal Jury Trial / Procedural Ruling During Trial
Outcome
Individual juror discharged; trial to continue with remaining jurors.
Legal Topics
['jury' 'discharge of Juror' 'employer Obligations During Jury Service']
['criminal Law' 'procedural Law'] ['jury' 'discharge of Juror' 'employer Obligations During Jury Service']

Case Brief

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Procedural Posture

Criminal Jury Trial / Procedural Ruling During Trial

Legal Issues

  1. 1 ["Whether employer's cessation of make-up payments to juror requires discharge of juror" 'Whether refusal to provide make-up pay contravenes Jury Act 1977 (NSW) or Fair Work Act 2009 (Cth)' 'Whether trial should continue with reduced number of jurors']

Ratio Decidendi

Juror 01052964 was placed in an intolerable financial position due to employer ceasing make-up payments after 10 days, and the applicable statutory schemes did not clearly require employer to continue such payments beyond this period. Juror's continued participation would cause significant financial detriment affecting their ability to serve, justifying discharge under Jury Act 1977 (NSW) s 53B(d), and trial could continue with remaining jurors under s 53C(1)(b).

Court Disposition

Individual juror discharged; trial to continue with remaining jurors.

Orders

  • ['The individual Juror 01052964 is discharged pursuant to s 53B(d) of the Jury Act 1977 (NSW)' 'Pursuant to s 53C(1)(b) of the Jury Act, the trial is to continue with the remaining twelve jurors']