R v Dilosa; R v McHenry (No. 2) [2021] NSWSC 1471

R v Dilosa; R v McHenry (No. 2) [2021] NSWSC 1471

The possibility of ongoing contact and existing connection between a juror's family member and the family of an accused compromises the appearance of integrity and may give rise to apprehension of bias; discharge of juror was ordered under s 53B(b) and s 53B(d).

Parties
Crown: Regina; Accused Dilosa: Justin Dilosa; Accused Mc Henry: Carol McHenry
Jurisdiction
Australia
Judgment Date
15 November 2021
Procedural Posture
Criminal Trial / Procedural Ruling During Trial
Outcome
Juror discharged
Legal Topics
Jury Discharge, Impartiality, Apprehension of Bias
Criminal Law Jury Discharge Impartiality Apprehension of Bias

Case Brief

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Parties

Regina

Crown

Justin Dilosa

Accused Dilosa

Carol McHenry

Accused Mc Henry

Procedural Posture

Criminal Trial / Procedural Ruling During Trial

Legal Issues

  1. 1 Whether a juror should be discharged due to a family connection to the accused and possible apprehension of bias

Ratio Decidendi

The possibility of ongoing contact and existing connection between a juror's family member and the family of an accused compromises the appearance of integrity and may give rise to apprehension of bias; discharge of juror was ordered under s 53B(b) and s 53B(d).

Court Disposition

Juror discharged

Orders

  • The juror is discharged under s 53B(b) and s 53B(d) of the Jury Act 1977 (NSW).