R v Paterson (No 2) [2014] NSWSC 52

R v Paterson (No 2) [2014] NSWSC 52

The juror applied to be discharged immediately after empanelment, was visibly upset, and said she could not handle a rape case. Both parties agreed she should be discharged. Because the trial was expected to take 4 weeks, there was a danger in proceeding from the outset with only eleven jurors, so the appropriate course was to discharge the whole jury and recommence empanelment.

Jurisdiction
Australia
Judgment Date
10 February 2014
Procedural Posture
Criminal Trial / Procedural Ruling on Discharge of Jury After Empanelment
Outcome
The jury was discharged.
Legal Topics
['jury Discharge' 'juror Application to Be Discharged' 'empanelment']
['criminal Procedure'] ['jury Discharge' 'juror Application to Be Discharged' 'empanelment']

Case Brief

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Procedural Posture

Criminal Trial / Procedural Ruling on Discharge of Jury After Empanelment

Legal Issues

  1. 1 ['Whether a juror who applied to be discharged immediately after empanelment should be discharged.' 'Whether the remaining eleven jurors should also be discharged and the empanelment process commenced again.']

Ratio Decidendi

The juror applied to be discharged immediately after empanelment, was visibly upset, and said she could not handle a rape case. Both parties agreed she should be discharged. Because the trial was expected to take 4 weeks, there was a danger in proceeding from the outset with only eleven jurors, so the appropriate course was to discharge the whole jury and recommence empanelment.

Court Disposition

The jury was discharged.

Orders

  • ['The jury is discharged.']