R v Batak (No 3) [2022] NSWSC 426

R v Batak (No 3) [2022] NSWSC 426

Because two jurors had to be discharged at a very early stage of a four-week trial, leaving 13 jurors, and because the COVID-19 pandemic created a high and real risk of losing further jurors, the prospect of completing the trial with sufficient jurors was bleak and continuing would risk a substantial miscarriage of justice; the entire jury was therefore discharged under s 53C(1)(a) of the Jury Act 1977 (NSW).

Jurisdiction
Australia
Judgment Date
08 April 2022
Procedural Posture
Criminal Procedure — Trial by Jury / Ex Tempore Decision During Trial on Discharge of Jurors and Discharge of the Whole Jury
Outcome
Whole jury discharged.
Legal Topics
['jury Discharge' 'juror Incapacity' 'apprehended Partiality' 'covid 19 Isolation' 'discharge of Whole Jury']
['criminal Procedure'] ['jury Discharge' 'juror Incapacity' 'apprehended Partiality' 'covid 19 Isolation' 'discharge of Whole Jury']

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Procedural Posture

Criminal Procedure — Trial by Jury / Ex Tempore Decision During Trial on Discharge of Jurors and Discharge of the Whole Jury

Legal Issues

  1. 1 ['Whether a juror required to self-isolate because her partner tested positive for COVID should be discharged.' 'Whether a juror experiencing anxiety about possible recognition by witnesses and having an indirect connection with a friend of the deceased should be discharged.' 'Whether the whole jury should be discharged because the prospects of completing a four-week trial with sufficient jurors were bleak.']

Ratio Decidendi

Because two jurors had to be discharged at a very early stage of a four-week trial, leaving 13 jurors, and because the COVID-19 pandemic created a high and real risk of losing further jurors, the prospect of completing the trial with sufficient jurors was bleak and continuing would risk a substantial miscarriage of justice; the entire jury was therefore discharged under s 53C(1)(a) of the Jury Act 1977 (NSW).

Court Disposition

Whole jury discharged.

Orders

  • ['The juror required to self-isolate was discharged pursuant to s 53B(d) of the Jury Act 1977 (NSW).' 'The second juror was discharged pursuant to s 53B(b) and (d) of the Jury Act 1977 (NSW).' 'The entire jury was discharged pursuant to s 53C(1)(a) of the Jury Act 1977 (NSW).']