R v Dilosa; R v McHenry (No. 3) [2021] NSWSC 1472

R v Dilosa; R v McHenry (No. 3) [2021] NSWSC 1472

Given the early stage of proceedings, absence of party consent, and enduring significance of the right to trial by a jury of 12, the Court should discharge the jury following discharge of one juror under s 53B of the Jury Act 1977 (NSW).

Parties
Crown: Regina; Accused: Justin Dilosa; Accused: Carol McHenry
Jurisdiction
Australia
Judgment Date
15 November 2021
Procedural Posture
Criminal Trial / Preliminary/procedural Ruling Before Opening Addresses
Outcome
Jury discharged; trial not to proceed with 11 jurors.
Legal Topics
Jury Discharge, Right to Trial by Jury, Jury Act 1977 (nsw) S 22 and S 53 B, COVID 19 Effects on Jury Trials
Criminal Law Criminal Procedure Jury Discharge Right to Trial by Jury Jury Act 1977 (nsw) S 22 and S 53 B COVID 19 Effects on Jury Trials

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Parties

Regina

Crown

Justin Dilosa

Accused

Carol McHenry

Accused

Procedural Posture

Criminal Trial / Preliminary/procedural Ruling Before Opening Addresses

Legal Issues

  1. 1 Whether the trial should proceed with 11 jurors after the discharge of one juror under s 53B of the Jury Act 1977 (NSW)
  2. 2 Whether to discharge the entire jury in the absence of party consent

Ratio Decidendi

Given the early stage of proceedings, absence of party consent, and enduring significance of the right to trial by a jury of 12, the Court should discharge the jury following discharge of one juror under s 53B of the Jury Act 1977 (NSW).

Court Disposition

Jury discharged; trial not to proceed with 11 jurors.

Orders

  • The jury empanelled to hear the trial of Mr Dilosa and Ms McHenry is discharged.