R v Alex & Ors (Trial Ruling No 6) [2024] NSWSC 1130

R v Alex & Ors (Trial Ruling No 6) [2024] NSWSC 1130

Juror G was discharged due to admitted misconduct (prohibited internet searches) constituting mandatory discharge under s 53A(1)(c) Jury Act 1977 (NSW). Juror A was discharged on discretionary grounds under s 53B(b) and (d), based on apprehension about out-of-court communications and potential inability to perform jury functions. Having regard to investigation results, juror interviews, and legal principles, the risk of substantial miscarriage of justice was not established in relation to the remaining 12 jurors. The trial would continue with those jurors and appropriate directions.

Jurisdiction
Australia
Judgment Date
29 July 2024
Procedural Posture
Criminal / Trial Ruling, Jury Discharge and Continuation Order
Outcome
Discharge of individual jurors and order for trial to proceed with remaining 12 jurors; application to discharge whole jury dismissed.
Legal Topics
['jury Misconduct' 'jury Discharge' 'trial Continuance' 'risk of Miscarriage of Justice']
['criminal Law' 'procedure'] ['jury Misconduct' 'jury Discharge' 'trial Continuance' 'risk of Miscarriage of Justice']

Case Brief

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Procedural Posture

Criminal / Trial Ruling, Jury Discharge and Continuation Order

Legal Issues

  1. 1 ['Whether discharge of individual jurors and continuation of trial with remaining jurors would give rise to a risk of substantial miscarriage of justice' 'Whether juror misconduct necessitated discharge' "Whether remaining jurors' knowledge of misconduct created risk for trial" 'Applicable test for assessing risk of miscarriage due to jury irregularity']

Ratio Decidendi

Juror G was discharged due to admitted misconduct (prohibited internet searches) constituting mandatory discharge under s 53A(1)(c) Jury Act 1977 (NSW). Juror A was discharged on discretionary grounds under s 53B(b) and (d), based on apprehension about out-of-court communications and potential inability to perform jury functions. Having regard to investigation results, juror interviews, and legal principles, the risk of substantial miscarriage of justice was not established in relation to the remaining 12 jurors. The trial would continue with those jurors and appropriate directions.

Court Disposition

Discharge of individual jurors and order for trial to proceed with remaining 12 jurors; application to discharge whole jury dismissed.

Orders

  • ['Juror G is discharged pursuant to s 53A(1)(c) of the Jury Act 1977.' 'Juror A is discharged pursuant to s 53B(b) and (d) of the Jury Act 1977.' 'Order pursuant to ss 22 and 53C of the Jury Act 1977 that the trial continue with the remaining 12 jurors.' 'Further application to discharge the jury dismissed after...