R (Cth) v Mohr (No. 5) [2020] NSWSC 1941

R (Cth) v Mohr (No. 5) [2020] NSWSC 1941

The trial will continue with a reduced number of jurors because the discharge of one juror did not affect the balance or impartiality of the remaining jurors, nor would continuation risk a substantial miscarriage of justice, having regard to s 53C(1)(b) of the Jury Act 1977 (NSW).

Parties
Crown: Regina; Accused: Darren Mohr
Jurisdiction
Australia
Judgment Date
28 February 2020
Procedural Posture
Criminal / Trial Order During Trial
Outcome
Trial to proceed with reduced number of jurors
Legal Topics
Jury Discharge, Trial With Reduced Jurors, Conspiracy to Import Drugs
Criminal Law Jury Discharge Trial With Reduced Jurors Conspiracy to Import Drugs

Case Brief

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Parties

Regina

Crown

Darren Mohr

Accused

Procedural Posture

Criminal / Trial Order During Trial

Legal Issues

  1. 1 Whether the trial should proceed with a jury of less than 12 after discharge of a juror
  2. 2 Whether continuing the trial would risk a substantial miscarriage of justice

Ratio Decidendi

The trial will continue with a reduced number of jurors because the discharge of one juror did not affect the balance or impartiality of the remaining jurors, nor would continuation risk a substantial miscarriage of justice, having regard to s 53C(1)(b) of the Jury Act 1977 (NSW).

Court Disposition

Trial to proceed with reduced number of jurors

Orders

  • The trial will continue with a reduced number of jurors.