Regina v Ronen & Ors [2005] NSWSC 320

Regina v Ronen & Ors [2005] NSWSC 320

In the wholly unusual circumstances of the trial, including its length, factual and accounting complexity, expense, the inordinate expense to the community and the accused if it had to start afresh, its likely conclusion within about a week, and the absence of opposition from the accused, the discretion should be exercised to allow the trial to continue with the remaining 10 jurors.

Jurisdiction
Australia
Judgment Date
20 January 2005
Procedural Posture
Criminal Jury Trial / Application During Trial to Continue With Remaining Jurors After Discharge of a Juror
Outcome
Application granted; trial to continue with 10 jurors.
Legal Topics
['jury Act S 22' 'discharge of Juror' 'continuation of Trial With Fewer Than 12 Jurors']
['criminal Procedure' 'jury Law'] ['jury Act S 22' 'discharge of Juror' 'continuation of Trial With Fewer Than 12 Jurors']

Case Brief

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Procedural Posture

Criminal Jury Trial / Application During Trial to Continue With Remaining Jurors After Discharge of a Juror

Legal Issues

  1. 1 ['Whether the Court should order that the remaining 10 jurors be considered as remaining for all purposes of the trial and allow the trial to continue with fewer than 12 jurors.']

Ratio Decidendi

In the wholly unusual circumstances of the trial, including its length, factual and accounting complexity, expense, the inordinate expense to the community and the accused if it had to start afresh, its likely conclusion within about a week, and the absence of opposition from the accused, the discretion should be exercised to allow the trial to continue with the remaining 10 jurors.

Court Disposition

Application granted; trial to continue with 10 jurors.

Orders

  • ['The remaining 10 jurors are to be considered as remaining for all purposes of the trial properly constituted as the jury.']