R v Gordon (No 3) [2016] NSWSC 308

R v Gordon (No 3) [2016] NSWSC 308

The seriousness of the charge, the fact that the proceedings had only just commenced, and counsels' agreed position made it appropriate to discharge the entire jury rather than continue the trial with a reduced panel, in order to uphold the integrity and appearance of impartial justice.

Parties
Crown: Regina; Accused: Donald Patrick Gordon
Jurisdiction
Australia
Judgment Date
03 March 2016
Procedural Posture
Criminal / Jury Trial—order for Discharge of Jury
Outcome
Jury discharged; new jury to be empanelled
Legal Topics
Jury Discharge, Apprehended Bias, Murder Trial Procedure
Criminal Law Jury Discharge Apprehended Bias Murder Trial Procedure

Case Brief

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Parties

Regina

Crown

Donald Patrick Gordon

Accused

Procedural Posture

Criminal / Jury Trial—order for Discharge of Jury

Legal Issues

  1. 1 Whether a juror who discovers he is related to the deceased should be discharged for apprehended bias
  2. 2 Whether the remainder of the jury (reduced to 11 members) should continue or the whole jury be discharged

Ratio Decidendi

The seriousness of the charge, the fact that the proceedings had only just commenced, and counsels' agreed position made it appropriate to discharge the entire jury rather than continue the trial with a reduced panel, in order to uphold the integrity and appearance of impartial justice.

Court Disposition

Jury discharged; new jury to be empanelled

Orders

  • The jury in the trial of Donald Patrick Gordon be discharged