R v A1 (No. 3) [2019] NSWSC 713

R v A1 (No. 3) [2019] NSWSC 713

Juror X’s unilateral absence for a week without the authority of the Court affected his ability to perform the functions of a juror, so he should not continue to act as a juror under s.53B(d) Jury Act 1977. Continuing the well-advanced trial with the remaining 11 jurors would not give rise to a risk of a substantial miscarriage of justice, and discretionary factors strongly favoured continuation under s.53C Jury Act 1977.

Jurisdiction
Australia
Judgment Date
12 June 2019
Procedural Posture
Criminal Trial on a Charge of Murder / Procedural Ruling During Jury Trial on Discharge of an Absent Juror and Continuation With 11 Jurors
Outcome
The absent juror was discharged and the trial was ordered to proceed before the remaining jury of 11 persons.
Legal Topics
['jury Discharge' 'continuation of Trial With Reduced Jury' 'substantial Miscarriage of Justice']
['criminal Law'] ['jury Discharge' 'continuation of Trial With Reduced Jury' 'substantial Miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal Trial on a Charge of Murder / Procedural Ruling During Jury Trial on Discharge of an Absent Juror and Continuation With 11 Jurors

Legal Issues

  1. 1 ['Whether the absent juror should be discharged under s.53B(d) Jury Act 1977 because his ability to perform the functions of a juror was affected by absence for a week.' 'Whether the trial should continue with the remaining 11 jurors under s.53C Jury Act 1977.']

Ratio Decidendi

Juror X’s unilateral absence for a week without the authority of the Court affected his ability to perform the functions of a juror, so he should not continue to act as a juror under s.53B(d) Jury Act 1977. Continuing the well-advanced trial with the remaining 11 jurors would not give rise to a risk of a substantial miscarriage of justice, and discretionary factors strongly favoured continuation under s.53C Jury Act 1977.

Court Disposition

The absent juror was discharged and the trial was ordered to proceed before the remaining jury of 11 persons.

Orders

  • ['The absent juror is discharged from the jury under s.53B(d) Jury Act 1977.' 'The trial of the Accused is to proceed before the remaining jury, being a jury of 11 persons, for the purpose of s.53C Jury Act 1977.']