R v Gatt (No 2) [2018] NSWSC 426

R v Gatt (No 2) [2018] NSWSC 426

The circumstances in which the juror was discharged did not affect the other members of the jury and did not mean they could not perform their task satisfactorily; therefore the Court was not of the opinion that a risk of a substantial miscarriage of justice existed if the trial proceeded with only 11 jurors.

Jurisdiction
Australia
Judgment Date
30 April 2018
Procedural Posture
Criminal Trial / Procedural Ruling on Whether Trial Should Continue With 11 Jurors After One Juror Was Discharged
Outcome
Trial continued with 11 jurors.
Legal Topics
['jury' 'eleven Jurors' 'trial to Continue After Discharge of Juror' 'substantial Miscarriage of Justice']
['criminal Law'] ['jury' 'eleven Jurors' 'trial to Continue After Discharge of Juror' 'substantial Miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal Trial / Procedural Ruling on Whether Trial Should Continue With 11 Jurors After One Juror Was Discharged

Legal Issues

  1. 1 ['Whether the trial should continue with 11 jurors after one juror was discharged under s 53B of the Jury Act 1977 (NSW).' 'Whether continuing the trial with 11 jurors would give rise to the risk of a substantial miscarriage of justice.']

Ratio Decidendi

The circumstances in which the juror was discharged did not affect the other members of the jury and did not mean they could not perform their task satisfactorily; therefore the Court was not of the opinion that a risk of a substantial miscarriage of justice existed if the trial proceeded with only 11 jurors.

Court Disposition

Trial continued with 11 jurors.

Orders

  • ['The other members of the jury were not discharged.' 'The trial continued with 11 jurors.']