R v Rogerson; R v McNamara (No 16) [2016] NSWSC 20

R v Rogerson; R v McNamara (No 16) [2016] NSWSC 20

It is undesirable to allow a juror to remain who has a close personal association with a journalist reporting on the trial, especially where the trial will attract significant publicity, to ensure the right of all parties to a fair trial; accordingly, the juror should be discharged and the trial should proceed with the remaining jurors.

Jurisdiction
Australia
Judgment Date
03 February 2016
Procedural Posture
Criminal / Procedural Ruling During Trial
Outcome
Juror discharged; trial continues with remaining jury.
Legal Topics
['jury Discharge' 'trial Fairness' 'jury Management' 'media Influence']
['criminal Law'] ['jury Discharge' 'trial Fairness' 'jury Management' 'media Influence']

Case Brief

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Procedural Posture

Criminal / Procedural Ruling During Trial

Legal Issues

  1. 1 ['Whether the juror should be discharged due to a close personal relationship with a journalist reporting on the trial' 'Whether the entire jury should be discharged due to potential contamination']

Ratio Decidendi

It is undesirable to allow a juror to remain who has a close personal association with a journalist reporting on the trial, especially where the trial will attract significant publicity, to ensure the right of all parties to a fair trial; accordingly, the juror should be discharged and the trial should proceed with the remaining jurors.

Court Disposition

Juror discharged; trial continues with remaining jury.

Orders

  • ['Juror number 650-14 is discharged.' 'The trial will proceed with the remaining 14 persons who have been empanelled.']