R v A2; R v KM; R v Vaziri (No. 17) [2015] NSWSC 1601

R v A2; R v KM; R v Vaziri (No. 17) [2015] NSWSC 1601

The juror is persistently ill and unlikely to be able to fulfil duties; s.53B Jury Act 1977 supports discharge. There is no risk of substantial miscarriage of justice from continuing with 11 jurors; s.53C Jury Act 1977 supports this order.

Jurisdiction
Australia
Judgment Date
27 October 2015
Procedural Posture
Criminal Trial / Mid Trial Procedural Ruling
Outcome
Juror discharged, trial to continue with jury of 11.
Legal Topics
['jury Discharge' 'continuation of Trial With Reduced Jury Size']
['criminal Law'] ['jury Discharge' 'continuation of Trial With Reduced Jury Size']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Trial / Mid Trial Procedural Ruling

Legal Issues

  1. 1 ['Whether juror should be discharged due to persistent illness' 'Whether trial can continue with jury of 11 after discharge']

Ratio Decidendi

The juror is persistently ill and unlikely to be able to fulfil duties; s.53B Jury Act 1977 supports discharge. There is no risk of substantial miscarriage of justice from continuing with 11 jurors; s.53C Jury Act 1977 supports this order.

Court Disposition

Juror discharged, trial to continue with jury of 11.

Orders

  • ['Absent juror discharged under s.53B Jury Act 1977.' 'Trial to continue with jury of 11 under s.53C Jury Act 1977.']