R v Sun [2021] NSWDC 574

R v Sun [2021] NSWDC 574

Due to COVID-19 restrictions on the number of people allowed in the jury room and administrative arrangements binding the court to comply with these restrictions despite statutory exemption, the court exercised discretion under s 53B(c) Jury Act 1977 to discharge three of the fifteen empanelled jurors and reduce the jury to twelve using a ballot process.

Parties
Prosecution: Regina (Crown); Accused: Young Hoon Sun
Jurisdiction
Australia
Judgment Date
12 March 2021
Procedural Posture
Criminal / Trial—interlocutory Determination on the Composition of the Jury
Outcome
Order for reduction of jury via ballot under s 53B(c) Jury Act 1977; three jurors to be discharged by ballot, resulting in a panel of twelve.
Legal Topics
Jury Discharge, COVID 19 Restrictions and Court Proceedings, Jury Act 1977 Powers
Criminal Law Jury Discharge COVID 19 Restrictions and Court Proceedings Jury Act 1977 Powers

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 6 Party arguments 2
Sign in to unlock

Parties

Regina (Crown)

Prosecution

Young Hoon Sun

Accused

Procedural Posture

Criminal / Trial—interlocutory Determination on the Composition of the Jury

Legal Issues

  1. 1 Whether the court should discharge part or all of the expanded jury due to COVID-19 restrictions on room capacity
  2. 2 Whether s 53B Jury Act 1977 allows for the discharge of multiple jurors for practical or administrative reasons
  3. 3 How conflicting legislative and administrative requirements affect jury management during a criminal trial

Ratio Decidendi

Due to COVID-19 restrictions on the number of people allowed in the jury room and administrative arrangements binding the court to comply with these restrictions despite statutory exemption, the court exercised discretion under s 53B(c) Jury Act 1977 to discharge three of the fifteen empanelled jurors and reduce the jury to twelve using a ballot process.

Court Disposition

Order for reduction of jury via ballot under s 53B(c) Jury Act 1977; three jurors to be discharged by ballot, resulting in a panel of twelve.

Orders

  • There shall be a ballot for a jury of 12 by placing all identification cards of the expanded jury into a ballot box and drawing out cards until 12 persons are selected.