R v Pirrello, Pirrello & D’Agostino (No. 10) [2019] NSWSC 1837

R v Pirrello, Pirrello & D’Agostino (No. 10) [2019] NSWSC 1837

There is no risk of a substantial miscarriage of justice in continuing the trial with the remaining ten jurors, given their demonstrated attentiveness, the advanced stage of the trial, and the absence of factors indicating unfairness. The court refused the application to discharge the whole jury and the trial will continue.

Parties
Crown: Regina; Accused: Joseph D'Agostino; Accused: Michael Pirrello; Accused: Francesco Pirrello
Jurisdiction
Australia
Judgment Date
11 December 2019
Procedural Posture
Criminal Trial / Interlocutory Application During Trial
Outcome
Application to discharge jury refused; trial to continue
Legal Topics
Jury Discharge, Conspiracy to Import Border Controlled Drugs, Substantial Miscarriage of Justice
Criminal Law Criminal Procedure Jury Discharge Conspiracy to Import Border Controlled Drugs Substantial Miscarriage of Justice

Case Brief

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Parties

Regina

Crown

Joseph D'Agostino

Accused

Michael Pirrello

Accused

Francesco Pirrello

Accused

Procedural Posture

Criminal Trial / Interlocutory Application During Trial

Legal Issues

  1. 1 Whether the trial should continue with ten jurors after the discharge of a single juror
  2. 2 Whether continuing presents a risk of substantial miscarriage of justice

Ratio Decidendi

There is no risk of a substantial miscarriage of justice in continuing the trial with the remaining ten jurors, given their demonstrated attentiveness, the advanced stage of the trial, and the absence of factors indicating unfairness. The court refused the application to discharge the whole jury and the trial will continue.

Court Disposition

Application to discharge jury refused; trial to continue

Orders

  • The trial will continue with ten jurors pursuant to s 53C(1)(b) of the Jury Act 1977 (NSW).