R v Khan (No 5) [2019] NSWSC 56

R v Khan (No 5) [2019] NSWSC 56

It is undesirable to commence a trial with only eleven jurors, and the accused should not be deprived of the right to a jury of twelve; therefore, the entire jury should be discharged when a juror is certified unfit at an early stage of the trial.

Jurisdiction
Australia
Judgment Date
07 February 2019
Procedural Posture
Criminal / Procedural Ruling During Trial
Outcome
Jury discharged; orders made
Legal Topics
['jury Discharge' 'right to Trial by Jury' 'jury Act 1977 (nsw)']
['criminal Law'] ['jury Discharge' 'right to Trial by Jury' 'jury Act 1977 (nsw)']

Case Brief

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Procedural Posture

Criminal / Procedural Ruling During Trial

Legal Issues

  1. 1 ['Whether the whole jury should be discharged when a juror is certified unfit to continue' 'Whether it is undesirable to continue with a jury of 11 members' 'Recognition of the accused’s right to trial by a jury of 12']

Ratio Decidendi

It is undesirable to commence a trial with only eleven jurors, and the accused should not be deprived of the right to a jury of twelve; therefore, the entire jury should be discharged when a juror is certified unfit at an early stage of the trial.

Court Disposition

Jury discharged; orders made

Orders

  • ['Juror R is discharged.' 'The balance of the jury is also discharged.']