R (Cth) v D’Agostino & Ors (No. 11) [2019] NSWSC 1880

R (Cth) v D’Agostino & Ors (No. 11) [2019] NSWSC 1880

The information received concerning juror conduct did not establish that the accused could not receive a fair trial or that a miscarriage of justice would occur; therefore, the circumstances did not warrant discharging the jury.

Parties
Prosecution: Regina (Crown); Accused: Joseph D'Agostino; Accused: Michael Pirrello; Accused: Francesco Pirrello
Jurisdiction
Australia
Judgment Date
20 December 2019
Procedural Posture
Criminal Trial / Application to Discharge Jury During Deliberations
Outcome
Application refused
Legal Topics
Jury Discharge, Fair Trial, Jury Conduct, Trial Procedure

Case Brief

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Parties

Regina (Crown)

Prosecution

Joseph D'Agostino

Accused

Michael Pirrello

Accused

Francesco Pirrello

Accused

Procedural Posture

Criminal Trial / Application to Discharge Jury During Deliberations

  1. 1 Whether the information regarding juror conduct required the discharge of the jury
  2. 2 Whether continued deliberation by the jury would compromise the accused's right to a fair trial

Ratio Decidendi

The information received concerning juror conduct did not establish that the accused could not receive a fair trial or that a miscarriage of justice would occur; therefore, the circumstances did not warrant discharging the jury.

Court Disposition

Application refused

Orders

  • Application to discharge the jury refused.