R v Cranston (No 26) [2023] NSWSC 139

R v Cranston (No 26) [2023] NSWSC 139

Juror K's pregnancy-related medical advice not to attend jury service either meant she had become so ill, infirm or incapacitated as to be likely to become unable to serve before verdict, or in any event was a matter affecting her ability to perform the functions of a juror. The statutory power to discharge her was therefore enlivened under s 53B(a) and s 53B(d). Because all parties submitted the trial should continue, there was no risk of miscarriage of justice, and a Commonwealth prosecution may proceed with fewer than twelve jurors, the trial should continue with the remaining eleven jurors under s 53C(1)(b).

Jurisdiction
Australia
Judgment Date
24 February 2023
Procedural Posture
Criminal Trial / Procedural Ruling on Discharge of Individual Juror During Jury Deliberations
Outcome
Individual juror discharged; trial to continue with the remaining eleven jurors.
Legal Topics
['jury' 'discharge of Individual Juror' 'continuation of Trial With Eleven Jurors' 'pregnancy Related Medical Incapacity']
['criminal Procedure'] ['jury' 'discharge of Individual Juror' 'continuation of Trial With Eleven Jurors' 'pregnancy Related Medical Incapacity']

Case Brief

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Procedural Posture

Criminal Trial / Procedural Ruling on Discharge of Individual Juror During Jury Deliberations

Legal Issues

  1. 1 ['Whether Juror 02942175 should be discharged under s 53B(a) and s 53B(d) of the Jury Act 1977 (NSW) because of pregnancy-related medical advice not to continue jury service.' 'Whether the trial should continue with the remaining eleven jurors under s 53C(1)(b) of the Jury Act 1977 (NSW).']

Ratio Decidendi

Juror K's pregnancy-related medical advice not to attend jury service either meant she had become so ill, infirm or incapacitated as to be likely to become unable to serve before verdict, or in any event was a matter affecting her ability to perform the functions of a juror. The statutory power to discharge her was therefore enlivened under s 53B(a) and s 53B(d). Because all parties submitted the trial should continue, there was no risk of miscarriage of justice, and a Commonwealth prosecution may proceed with fewer than twelve jurors, the trial should continue with the remaining eleven jurors under s 53C(1)(b).

Court Disposition

Individual juror discharged; trial to continue with the remaining eleven jurors.

Orders

  • ['That individual Juror 02942175 is discharged pursuant to s 53B(a) and 53B(d) of the Jury Act 1977 (NSW).' 'Pursuant to s 53C(1)(b) of the Jury Act 1977 (NSW), the trial is to continue with the remaining eleven jurors.']