R v Cranston (No 23) [2023] NSWSC 9

R v Cranston (No 23) [2023] NSWSC 9

The application to discharge Juror D was refused because there was insufficient evidence to conclude that the juror was so ill, incapacitated, or otherwise unable to perform the functions of a juror under s 53B of the Jury Act 1977 (NSW), especially in light of the judge's own observations over many months that the juror was generally attentive and the late timing of the concerns.

Parties
Prosecution: Crown; Accused: Adam Michael Cranston; Accused: Lauren Anne Cranston; Accused: Dev Menon; Accused: Jason Cornell Onley; Accused: Patrick Willmott
Jurisdiction
Australia
Judgment Date
16 January 2023
Procedural Posture
Criminal Trial / Application for Discharge of a Juror During Summing Up
Outcome
Application for discharge of juror refused
Legal Topics
Jury Discharge, Trial Procedure
Criminal Law Jury Discharge Trial Procedure

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Crown

Prosecution

Adam Michael Cranston

Accused

Lauren Anne Cranston

Accused

Dev Menon

Accused

Jason Cornell Onley

Accused

Patrick Willmott

Accused

Procedural Posture

Criminal Trial / Application for Discharge of a Juror During Summing Up

Legal Issues

  1. 1 Whether a juror should be discharged under s 53B of the Jury Act 1977 (NSW) for inability to stay awake or incapacity

Ratio Decidendi

The application to discharge Juror D was refused because there was insufficient evidence to conclude that the juror was so ill, incapacitated, or otherwise unable to perform the functions of a juror under s 53B of the Jury Act 1977 (NSW), especially in light of the judge's own observations over many months that the juror was generally attentive and the late timing of the concerns.

Court Disposition

Application for discharge of juror refused

Orders

  • Application to discharge Juror D refused
  • Jury reminded they can request explanation on legal principles or evidence