R v Rumsby (No 5) [2023] NSWSC 771

R v Rumsby (No 5) [2023] NSWSC 771

The discharge of the juror for misconduct did not give rise to a substantial risk of miscarriage of justice because the information obtained and passed on was not prejudicial to the accused or useful to the jury; with a strong direction to disregard such material, the trial could properly continue with the 11 remaining jurors.

Parties
Crown: Rex; Accused: Craig Henry Rumsby
Jurisdiction
Australia
Judgment Date
27 June 2023
Procedural Posture
Criminal / Jury Trial – Discharge of Juror for Misconduct; Order for Trial to Continue With Reduced Jury
Outcome
Trial to continue with a jury of 11
Legal Topics
Jury Misconduct, Discharging Juror, Continuation With Reduced Jury, Risk of Substantial Miscarriage of Justice
Criminal Law Procedure Jury Misconduct Discharging Juror Continuation With Reduced Jury Risk of Substantial Miscarriage of Justice

Case Brief

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Parties

Rex

Crown

Craig Henry Rumsby

Accused

Procedural Posture

Criminal / Jury Trial – Discharge of Juror for Misconduct; Order for Trial to Continue With Reduced Jury

Legal Issues

  1. 1 Whether the discharge of a juror for misconduct requires discharge of the balance of the jury and continuation of trial with 11 jurors under s 53C of the Jury Act 1977 (NSW)
  2. 2 Whether information obtained and shared by the discharged juror created a risk of substantial miscarriage of justice

Ratio Decidendi

The discharge of the juror for misconduct did not give rise to a substantial risk of miscarriage of justice because the information obtained and passed on was not prejudicial to the accused or useful to the jury; with a strong direction to disregard such material, the trial could properly continue with the 11 remaining jurors.

Court Disposition

Trial to continue with a jury of 11

Orders

  • Juror 965-73 discharged for misconduct under s 53A of the Jury Act 1977 (NSW)
  • Trial to continue with remaining 11 jurors under s 53C of the Jury Act 1977 (NSW)