R v Fesus (No. 1) [2017] NSWSC 1085

R v Fesus (No. 1) [2017] NSWSC 1085

The absent juror was significantly ill and could not continue to serve, and no risk of substantial miscarriage of justice was shown if the trial continued with 11 jurors; therefore, the juror was discharged and the trial ordered to proceed with 11 jurors.

Parties
Crown: Regina; Accused: Steve Frank Fesus
Jurisdiction
Australia
Judgment Date
14 August 2017
Procedural Posture
Criminal / Interlocutory Application During Trial
Outcome
Application granted; juror discharged and trial to continue with 11 jurors.
Legal Topics
Jury Discharge, Trial by Jury, Procedural Fairness
Criminal Law Procedure Jury Discharge Trial by Jury Procedural Fairness

Case Brief

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Parties

Regina

Crown

Steve Frank Fesus

Accused

Procedural Posture

Criminal / Interlocutory Application During Trial

Legal Issues

  1. 1 Whether absent juror should be discharged under s.53B Jury Act 1977
  2. 2 Whether trial should proceed with 11 jurors under s.53C Jury Act 1977

Ratio Decidendi

The absent juror was significantly ill and could not continue to serve, and no risk of substantial miscarriage of justice was shown if the trial continued with 11 jurors; therefore, the juror was discharged and the trial ordered to proceed with 11 jurors.

Court Disposition

Application granted; juror discharged and trial to continue with 11 jurors.

Orders

  • Absent juror discharged under s.53B Jury Act 1977.
  • Order made under s.53C Jury Act 1977 that trial proceed with a jury of 11.