R v BC [2018] NSWDC 124

R v BC [2018] NSWDC 124

A jury may be discharged before reaching the eight-hour threshold for majority verdicts under s 55F and s 56 Jury Act 1977 where continued deliberations would risk injustice by pressuring jurors to compromise or deflecting them from their primary obligation to reach a unanimous verdict, especially when the jury is adamant that a unanimous verdict cannot be reached and further exhortations would be futile.

Parties
Accused: BC; Prosecutor: Director of Public Prosecutions
Jurisdiction
Australia
Judgment Date
26 March 2018
Procedural Posture
Criminal / Jury Trial; Deliberations; Jury Discharged
Outcome
Jury discharged; mistrial declared
Legal Topics
Jury Discharge, Majority Verdicts, Unanimous Verdicts, Miscarriage of Justice, Sexual Offences
Criminal Law Jury Discharge Majority Verdicts Unanimous Verdicts Miscarriage of Justice Sexual Offences

Case Brief

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Parties

BC

Accused

Director of Public Prosecutions

Prosecutor

Procedural Posture

Criminal / Jury Trial; Deliberations; Jury Discharged

Legal Issues

  1. 1 Whether a jury may be discharged before deliberating for eight hours if they are unable to reach a unanimous verdict
  2. 2 Interpretation and application of s 55F and s 56 of the Jury Act 1977 regarding jury discharge and majority verdicts
  3. 3 Duty of a trial judge to prevent miscarriage of justice

Ratio Decidendi

A jury may be discharged before reaching the eight-hour threshold for majority verdicts under s 55F and s 56 Jury Act 1977 where continued deliberations would risk injustice by pressuring jurors to compromise or deflecting them from their primary obligation to reach a unanimous verdict, especially when the jury is adamant that a unanimous verdict cannot be reached and further exhortations would be futile.

Court Disposition

Jury discharged; mistrial declared

Orders

  • Jury discharged from giving verdict
  • Matter adjourned to next call-over for relisting in future sittings