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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the information regarding juror conduct required the discharge of the jury
- 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.
Full Case Text
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