R v Gatt (No 1) [2018] NSWSC 425

R v Gatt (No 1) [2018] NSWSC 425

The juror was discharged because his anonymity had been compromised and understandable concerns had arisen after he recognised persons in the public gallery who were known to the accused, in a trial involving evidence and submissions about murder, drug dealing and possession of firearms; those circumstances affected his ability to perform the functions of a juror so that he should not continue to act.

Jurisdiction
Australia
Judgment Date
30 April 2018
Procedural Posture
Criminal Law Procedural Ruling Concerning Jury / Application During Hearing to Discharge a Juror
Outcome
Juror discharged.
Legal Topics
['jury' 'discharge of Juror' 'juror Anonymity' "juror's Ability to Perform Functions"]
['criminal Law'] ['jury' 'discharge of Juror' 'juror Anonymity' "juror's Ability to Perform Functions"]

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Procedural Posture

Criminal Law Procedural Ruling Concerning Jury / Application During Hearing to Discharge a Juror

Legal Issues

  1. 1 ['Whether a juror should be discharged after recognising persons in the public gallery who were known to the accused.' "Whether the juror's ability to perform the functions of a juror had been affected within s 53B(d) of the Jury Act 1977 (NSW)."]

Ratio Decidendi

The juror was discharged because his anonymity had been compromised and understandable concerns had arisen after he recognised persons in the public gallery who were known to the accused, in a trial involving evidence and submissions about murder, drug dealing and possession of firearms; those circumstances affected his ability to perform the functions of a juror so that he should not continue to act.

Court Disposition

Juror discharged.

Orders

  • ['Juror discharged.']