R v Cranston (No 14) [2022] NSWSC 860

R v Cranston (No 14) [2022] NSWSC 860

The juror's positive COVID-19 test and required isolation, viewed against the substantial COVID-related adjournments that had already disrupted the trial, created a risk that the jury would become distanced from the evidence and issues. That risk to the integrity of the trial outweighed the desirability of retaining fifteen jurors. Continuing with fourteen jurors did not give rise to a risk of a substantial miscarriage of justice.

Jurisdiction
Australia
Judgment Date
28 June 2022
Procedural Posture
Criminal Procedural Ruling in a Jury Trial / Crown Application During Trial to Discharge an Individual Juror and Continue With Reduced Number of Jurors
Outcome
Individual juror discharged and trial ordered to continue with remaining fourteen jurors.
Legal Topics
['jury Discharge' 'continuation of Trial With Reduced Number of Jurors' 'covid 19 Illness and Trial Delay']
['criminal Procedure'] ['jury Discharge' 'continuation of Trial With Reduced Number of Jurors' 'covid 19 Illness and Trial Delay']

Case Brief

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Procedural Posture

Criminal Procedural Ruling in a Jury Trial / Crown Application During Trial to Discharge an Individual Juror and Continue With Reduced Number of Jurors

Legal Issues

  1. 1 ['Whether Juror 485-18 02831676 should be discharged under s 53B of the Jury Act 1977 (NSW) after testing positive for COVID-19.' 'Whether the trial should continue with the remaining fourteen jurors under s 53C(1)(b) of the Jury Act 1977 (NSW).']

Ratio Decidendi

The juror's positive COVID-19 test and required isolation, viewed against the substantial COVID-related adjournments that had already disrupted the trial, created a risk that the jury would become distanced from the evidence and issues. That risk to the integrity of the trial outweighed the desirability of retaining fifteen jurors. Continuing with fourteen jurors did not give rise to a risk of a substantial miscarriage of justice.

Court Disposition

Individual juror discharged and trial ordered to continue with remaining fourteen jurors.

Orders

  • ['The individual Juror 485-18 02831676 is discharged pursuant to s 53B of the Jury Act 1977 (NSW).' 'Pursuant to s 53C(1)(b) of the Jury Act, the trial is to continue with the remaining fourteen jurors.']