R v Martin (No 3) [2024] NSWSC 970

R v Martin (No 3) [2024] NSWSC 970

Juror number 290-1 requested no further engagement with the trial and proposed to absent himself and be treated as sick. The Court found that the juror had in substance refused to take further part in the trial and that his ability to perform the functions of a juror was substantially affected by unwillingness to participate further and concern about when the trial would finish. The juror was discharged and, there being no basis to discharge the whole jury, the trial was ordered to continue with the remaining jurors.

Jurisdiction
Australia
Judgment Date
29 July 2024
Procedural Posture
Criminal Trial for Murder / Procedural Ruling During Trial on Discharge of Individual Juror
Outcome
Juror number 290-1 discharged; trial to continue with the remaining members of the jury.
Legal Topics
['jury' 'discharge of Individual Juror' 'continuation of Trial With Remaining Jurors']
['criminal Procedure'] ['jury' 'discharge of Individual Juror' 'continuation of Trial With Remaining Jurors']

Case Brief

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Procedural Posture

Criminal Trial for Murder / Procedural Ruling During Trial on Discharge of Individual Juror

Legal Issues

  1. 1 ['Whether juror number 290-1 should be discharged pursuant to s 53B of the Jury Act 1977 (NSW).' 'Whether, if that juror was discharged, the trial should continue with the remaining members of the jury pursuant to s 53C of the Jury Act 1977 (NSW).']

Ratio Decidendi

Juror number 290-1 requested no further engagement with the trial and proposed to absent himself and be treated as sick. The Court found that the juror had in substance refused to take further part in the trial and that his ability to perform the functions of a juror was substantially affected by unwillingness to participate further and concern about when the trial would finish. The juror was discharged and, there being no basis to discharge the whole jury, the trial was ordered to continue with the remaining jurors.

Court Disposition

Juror number 290-1 discharged; trial to continue with the remaining members of the jury.

Orders

  • ['Order that, pursuant to s 53B of the Jury Act 1977 (NSW), juror number 290-1 is discharged.' 'Direct the sheriff to inform that member of the jury of my order forthwith.' 'Order that, pursuant to s 53C of the Jury Act 1977 (NSW), the trial continue with the remaining members of the jury.']