R v Khayat (No 12) [2019] NSWSC 1321

R v Khayat (No 12) [2019] NSWSC 1321

Because the jury notes, observed apprehension among jurors and reported abusive remarks showed undue disharmony and fear of recrimination within the jury, and because the Crown's case was a relatively complex circumstantial case requiring each juror to apply themselves without distraction, there was a high degree of necessity in the interests of justice to discharge the whole jury.

Jurisdiction
Australia
Judgment Date
09 August 2019
Procedural Posture
Criminal Trial / Fifth Day of Trial; Accused's Application to Discharge the Whole Jury
Outcome
Whole jury discharged.
Legal Topics
['jury Discharge' 'inherent Jurisdiction' 'juror Disharmony' 'fair Trial']
['criminal Procedure'] ['jury Discharge' 'inherent Jurisdiction' 'juror Disharmony' 'fair Trial']

Case Brief

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Procedural Posture

Criminal Trial / Fifth Day of Trial; Accused's Application to Discharge the Whole Jury

Legal Issues

  1. 1 ["Whether the whole jury should be discharged because disharmony and fear of potential recrimination among jurors were distracting from the jury's task in a complex circumstantial case."]

Ratio Decidendi

Because the jury notes, observed apprehension among jurors and reported abusive remarks showed undue disharmony and fear of recrimination within the jury, and because the Crown's case was a relatively complex circumstantial case requiring each juror to apply themselves without distraction, there was a high degree of necessity in the interests of justice to discharge the whole jury.

Court Disposition

Whole jury discharged.

Orders

  • ['Discharge the whole jury.']