R v WE (No.6) [2019] NSWSC 930

R v WE (No.6) [2019] NSWSC 930

Juror number 2220527 was discharged for misconduct under s 53A of the Jury Act 1977 (NSW), as sleeping during evidence posed risk of substantial miscarriage of justice. There was no risk in continuing with eleven jurors given the circumstances, so trial was ordered to continue with eleven jurors under s 53C.

Jurisdiction
Australia
Judgment Date
22 July 2019
Procedural Posture
Criminal / Ruling During Trial Discharge of Juror
Outcome
Juror discharged; trial to continue with eleven jurors.
Legal Topics
['jury Discharge' 'miscarriage of Justice' 'trial Continuation With Reduced Jury']
['criminal Law' 'practice and Procedure'] ['jury Discharge' 'miscarriage of Justice' 'trial Continuation With Reduced Jury']

Case Brief

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Procedural Posture

Criminal / Ruling During Trial Discharge of Juror

Legal Issues

  1. 1 ['Whether individual juror should be discharged for misconduct (sleeping during evidence)' 'Whether trial should continue with eleven jurors or jury should be discharged']

Ratio Decidendi

Juror number 2220527 was discharged for misconduct under s 53A of the Jury Act 1977 (NSW), as sleeping during evidence posed risk of substantial miscarriage of justice. There was no risk in continuing with eleven jurors given the circumstances, so trial was ordered to continue with eleven jurors under s 53C.

Court Disposition

Juror discharged; trial to continue with eleven jurors.

Orders

  • ['Juror number 2220527 is discharged.' 'The trial is to continue with eleven jurors.']