R v Steven Ray HUGHES [2008] NSWDC 359

R v Steven Ray HUGHES [2008] NSWDC 359

The application to discharge the jury was refused because the juror's two-day holiday did not establish an inappropriate or cavalier attitude to jury duties, there was no basis to conclude that any such attitude had affected the other jurors, and the lapse of time could be addressed by appropriate directions reminding the jury to refocus and seek transcripts or further directions if needed.

Jurisdiction
Australia
Judgment Date
12 June 2008
Procedural Posture
Criminal Jury Trial / Accused's Application to Discharge the Jury During Jury Deliberations
Outcome
The application is refused.
Legal Topics
['jury Discharge' 'juror Availability' 'jury Deadlock' 'jury Directions']
['criminal Law' 'criminal Procedure'] ['jury Discharge' 'juror Availability' 'jury Deadlock' 'jury Directions']

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Procedural Posture

Criminal Jury Trial / Accused's Application to Discharge the Jury During Jury Deliberations

Legal Issues

  1. 1 ["Whether a juror's two-day holiday during deliberations indicated that the juror was not undertaking jury duties responsibly." 'Whether any inappropriate attitude by that juror had infected the other jurors.' 'Whether the lapse of time and possible deadlock required discharge of the jury rather than directions.']

Ratio Decidendi

The application to discharge the jury was refused because the juror's two-day holiday did not establish an inappropriate or cavalier attitude to jury duties, there was no basis to conclude that any such attitude had affected the other jurors, and the lapse of time could be addressed by appropriate directions reminding the jury to refocus and seek transcripts or further directions if needed.

Court Disposition

The application is refused.

Orders

  • ['The application is refused.']