R v Keli LANE [No 12] [2010] NSWSC 1539

R v Keli LANE [No 12] [2010] NSWSC 1539

The interests of justice would not be served by delaying the trial for a further week; no real prejudice to the accused would result from the juror's discharge, as reserve juror provisions exist to address such contingencies.

Parties
Crown: Regina; Accused: Keli Lane
Jurisdiction
Australia
Judgment Date
22 September 2010
Procedural Posture
Criminal / Trial Procedural Ruling During Hearing
Outcome
Juror discharged
Legal Topics
Jury Discharge, Procedural Rulings, Trial Management
Criminal Law Jury Discharge Procedural Rulings Trial Management

Case Brief

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Parties

Regina

Crown

Keli Lane

Accused

Procedural Posture

Criminal / Trial Procedural Ruling During Hearing

Legal Issues

  1. 1 Whether the court should discharge a juror diagnosed with a serious medical condition resulting in absence for one week during a lengthy trial

Ratio Decidendi

The interests of justice would not be served by delaying the trial for a further week; no real prejudice to the accused would result from the juror's discharge, as reserve juror provisions exist to address such contingencies.

Court Disposition

Juror discharged

Orders

  • Juror 82/042 to be discharged from panel due to urgent medical need; juror to be brought into court and given reasons for discharge.