R v Godfrey (No 3) [2023] NSWSC 1314
The combination of ongoing COVID-19 risks and the likelihood that some jurors may not withstand repeated exposure to distressing CCTV evidence creates a substantial risk that the jury will fall below twelve members before the end of the trial, thereby posing a risk of substantial miscarriage of justice as set out in s 53C(1)(a) of the Jury Act 1977 (NSW). Consequently, the discharge of the whole jury is justified to ensure a fair trial.
- Jurisdiction
- Australia
- Judgment Date
- 21 March 2023
- Procedural Posture
- Criminal Trial / Jury Discharge Ruling During Trial
- Outcome
- Jury discharged.
- Legal Topics
- ['jury Discharge' 'trial Procedure' 'covid 19 Considerations' 'risk of Miscarriage of Justice']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Criminal Trial / Jury Discharge Ruling During Trial
Legal Issues
- 1 ['Whether the whole jury should be discharged where risk exists that jury numbers may fall below twelve due to COVID-19 and distressing evidence' 'Whether there is a substantial risk of miscarriage of justice if the trial proceeds']
Ratio Decidendi
The combination of ongoing COVID-19 risks and the likelihood that some jurors may not withstand repeated exposure to distressing CCTV evidence creates a substantial risk that the jury will fall below twelve members before the end of the trial, thereby posing a risk of substantial miscarriage of justice as set out in s 53C(1)(a) of the Jury Act 1977 (NSW). Consequently, the discharge of the whole jury is justified to ensure a fair trial.
Court Disposition
Jury discharged.
Orders
- ['The jury is discharged in accordance with s 53C(1)(a) of the Jury Act 1977 (NSW).']
Full Case Text
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