R v Karimi; R v Khoury; R v Mir (No. 2) [2013] NSWSC 199

R v Karimi; R v Khoury; R v Mir (No. 2) [2013] NSWSC 199

A proper basis is demonstrated from the juror's own statements or evidence before the Court, warranting the discharge due to reasonable apprehension of bias, and with the trial barely commenced, the balance of the jury is also discharged so the trial may recommence with a full jury.

Jurisdiction
Australia
Judgment Date
13 March 2013
Procedural Posture
Criminal Jury Trial / Application for Discharge of Juror and Balance of Jury
Outcome
Juror discharged. Balance of jury discharged.
Legal Topics
['jury Discharge' 'impartiality' 'bias Apprehension']
['criminal Law' 'procedural Law'] ['jury Discharge' 'impartiality' 'bias Apprehension']

Case Brief

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Procedural Posture

Criminal Jury Trial / Application for Discharge of Juror and Balance of Jury

Legal Issues

  1. 1 ['Whether juror should be discharged due to association with solicitor for accused' 'Whether balance of jury should be discharged']

Ratio Decidendi

A proper basis is demonstrated from the juror's own statements or evidence before the Court, warranting the discharge due to reasonable apprehension of bias, and with the trial barely commenced, the balance of the jury is also discharged so the trial may recommence with a full jury.

Court Disposition

Juror discharged. Balance of jury discharged.

Orders

  • ['Individual juror discharged.' 'Balance of jury discharged.' 'Trial to recommence on next Monday.' 'Remaining 11 jurors may be considered for new panel.']