R v Rogerson; R v McNamara (No 27) [2016] NSWSC 152

R v Rogerson; R v McNamara (No 27) [2016] NSWSC 152

The juror had been asleep for periods during the trial and therefore could not have been paying attention to the evidence. That inability to stay awake and listen to evidence gave rise to the risk of a substantial miscarriage of justice and constituted misconduct within s. 53A of the Jury Act 1977 (NSW), requiring the juror's discharge. The trial was to continue with 13 jurors.

Jurisdiction
Australia
Judgment Date
29 February 2016
Procedural Posture
Criminal Trial / Procedural Ruling on Discharge of an Individual Juror
Outcome
Juror discharged; trial to continue with 13 jurors.
Legal Topics
['jury Discharge' 'sleeping Juror' 'juror Misconduct' 'substantial Miscarriage of Justice' 'continuation of Trial With Reduced Jury']
['criminal Law' 'criminal Procedure'] ['jury Discharge' 'sleeping Juror' 'juror Misconduct' 'substantial Miscarriage of Justice' 'continuation of Trial With Reduced Jury']

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Procedural Posture

Criminal Trial / Procedural Ruling on Discharge of an Individual Juror

Legal Issues

  1. 1 ['Whether a juror who was observed falling asleep during evidence should be discharged under the Jury Act 1977 (NSW).' "Whether the juror's inability to stay awake gave rise to the risk of a substantial miscarriage of justice." 'Whether the trial should continue with a reduced number of jurors.']

Ratio Decidendi

The juror had been asleep for periods during the trial and therefore could not have been paying attention to the evidence. That inability to stay awake and listen to evidence gave rise to the risk of a substantial miscarriage of justice and constituted misconduct within s. 53A of the Jury Act 1977 (NSW), requiring the juror's discharge. The trial was to continue with 13 jurors.

Court Disposition

Juror discharged; trial to continue with 13 jurors.

Orders

  • ['Pursuant to s. 53A of the Jury Act 1977 (NSW), juror number 01453654 from call number 650-8 is discharged.' 'Pursuant to s. 53C(1)(b) of the Jury Act 1977 (NSW) the trial is to continue with a reduced number of jurors, namely 13 jurors.']