R v Lamey (No. 1) [2023] NSWDC 67

R v Lamey (No. 1) [2023] NSWDC 67

The evidence did not establish sufficient misconduct, nor that any juror had irretrievably formed a concluded view or was unwilling or unable to discharge their duty. Robust exchanges between jurors are permissible and expected in deliberations, provided no one prejudges the case. No grounds to discharge the jury under the Jury Act 1977 were made out; the application was refused and trial continued with appropriate directions and individual assurances from jurors.

Jurisdiction
Australia
Judgment Date
22 March 2023
Procedural Posture
Criminal / Interlocutory Application During Trial – Application to Discharge Jury
Outcome
Application to discharge jury refused
Legal Topics
['jury Discharge' 'jury Misconduct' 'jury Deliberations' 'jury Directions']
['criminal Law' 'criminal Procedure'] ['jury Discharge' 'jury Misconduct' 'jury Deliberations' 'jury Directions']

Case Brief

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Procedural Posture

Criminal / Interlocutory Application During Trial – Application to Discharge Jury

Legal Issues

  1. 1 ['Whether the conduct of certain jurors warranted the discharge of the entire jury or an individual juror for misconduct or inability to perform duties in accordance with the Jury Act 1977']

Ratio Decidendi

The evidence did not establish sufficient misconduct, nor that any juror had irretrievably formed a concluded view or was unwilling or unable to discharge their duty. Robust exchanges between jurors are permissible and expected in deliberations, provided no one prejudges the case. No grounds to discharge the jury under the Jury Act 1977 were made out; the application was refused and trial continued with appropriate directions and individual assurances from jurors.

Court Disposition

Application to discharge jury refused

Orders

  • ['The trial is to continue with the existing jury.']