R v Fesus (No 7) [2015] NSWSC 1975

R v Fesus (No 7) [2015] NSWSC 1975

The inadequacy of the medical certificate, the juror's history of non-attendance at critical times, and his prioritisation of other matters over jury service established a reason affecting his ability to serve. The statutory criteria under s 53B(d) were satisfied, warranting discharge. Proceeding with eleven jurors presented no substantial risk of miscarriage of justice given the trial history and absence of evidence of possible deadlock or partiality.

Parties
Crown: Regina; Accused: Steve Frank Fesus
Jurisdiction
Australia
Judgment Date
18 December 2015
Procedural Posture
Criminal / Jury Trial—verdict Deliberation; Procedural Ruling During Trial
Outcome
Juror 77 discharged; trial to continue with remaining eleven jurors.
Legal Topics
Jury, Discharge of Juror, Jury Act 1977 S 53 B(d), Procedural Fairness
Criminal Law Procedure Jury Discharge of Juror Jury Act 1977 S 53 B(d) Procedural Fairness

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Parties

Regina

Crown

Steve Frank Fesus

Accused

Procedural Posture

Criminal / Jury Trial—verdict Deliberation; Procedural Ruling During Trial

Legal Issues

  1. 1 Whether juror 77 should be discharged during deliberations for failure to adequately support illness-related absences
  2. 2 Whether the trial can continue with eleven jurors without substantial miscarriage of justice

Ratio Decidendi

The inadequacy of the medical certificate, the juror's history of non-attendance at critical times, and his prioritisation of other matters over jury service established a reason affecting his ability to serve. The statutory criteria under s 53B(d) were satisfied, warranting discharge. Proceeding with eleven jurors presented no substantial risk of miscarriage of justice given the trial history and absence of evidence of possible deadlock or partiality.

Court Disposition

Juror 77 discharged; trial to continue with remaining eleven jurors.

Orders

  • Juror 77 is discharged pursuant to s 53B(d) Jury Act 1977.
  • Trial to continue with the remaining eleven jurors.