R v Weaver (No 12) [2022] NSWSC 623

R v Weaver (No 12) [2022] NSWSC 623

Juror 15 was discharged under s 53B of the Jury Act 1977 (NSW) due to illness constituting a health risk to other jurors, and there was no risk of substantial miscarriage of justice in continuing with a reduced jury; thus, the trial continues with the remaining jurors.

Parties
Crown: Regina; Accused: Scott David Weaver
Jurisdiction
Australia
Judgment Date
04 May 2022
Procedural Posture
Criminal Trial / Ruling on Discharge of Juror During Trial
Outcome
Juror 15 discharged from further service; trial to continue with reduced expanded jury.
Legal Topics
Jury Discharge, Health Risk, Jury Procedures
Criminal Law Criminal Procedure Jury Discharge Health Risk Jury Procedures

Case Brief

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Parties

Regina

Crown

Scott David Weaver

Accused

Procedural Posture

Criminal Trial / Ruling on Discharge of Juror During Trial

Legal Issues

  1. 1 Whether juror 15 should be discharged due to illness and potential health risk to other jurors
  2. 2 Whether discharge of one juror necessitates discharge of the whole jury

Ratio Decidendi

Juror 15 was discharged under s 53B of the Jury Act 1977 (NSW) due to illness constituting a health risk to other jurors, and there was no risk of substantial miscarriage of justice in continuing with a reduced jury; thus, the trial continues with the remaining jurors.

Court Disposition

Juror 15 discharged from further service; trial to continue with reduced expanded jury.

Orders

  • Juror 15 is discharged from further service on this jury under s 53B of the Jury Act 1977 (NSW).
  • Trial to continue with 14 remaining jurors.