R v Macdonald; R v Maitland (No 6) [2017] NSWSC 724

R v Macdonald; R v Maitland (No 6) [2017] NSWSC 724

The individual juror is discharged due to certified illness preventing participation, and the trial is ordered to continue with 11 jurors pursuant to statutory powers, as delay or waiting for recovery could risk further absences or adverse impacts on the jury's deliberative process.

Jurisdiction
Australia
Judgment Date
20 March 2017
Procedural Posture
Criminal / Mid Trial (jury Discharge and Continuation Order)
Outcome
Juror discharged; trial to continue with 11 jurors.
Legal Topics
['jury Discharge' 'reduced Jury' 'trial Continuation' 'procedural Ruling']
['criminal Law'] ['jury Discharge' 'reduced Jury' 'trial Continuation' 'procedural Ruling']

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Procedural Posture

Criminal / Mid Trial (jury Discharge and Continuation Order)

Legal Issues

  1. 1 ['Whether to discharge a juror on grounds of illness' 'Whether to continue the trial with a reduced number of jurors']

Ratio Decidendi

The individual juror is discharged due to certified illness preventing participation, and the trial is ordered to continue with 11 jurors pursuant to statutory powers, as delay or waiting for recovery could risk further absences or adverse impacts on the jury's deliberative process.

Court Disposition

Juror discharged; trial to continue with 11 jurors.

Orders

  • ['Order pursuant to s 53B of the Jury Act 1977 (NSW) that the juror, who is the subject of the medical certificate, MFI 91, is discharged.' 'Order pursuant to s 53C(1)(b) of the Jury Act 1977 (NSW) that the trial continue with a reduced number of jurors, being 11.']