R v Gilson (No 2) [2017] NSWSC 990

R v Gilson (No 2) [2017] NSWSC 990

A reasonable time has elapsed since the jury retired, considering the complexity and length of the trial, the assistance provided to the jury, absence of further jury questions, and the parties' joint position, such that a majority verdict may now be accepted.

Jurisdiction
Australia
Judgment Date
25 July 2017
Procedural Posture
Criminal / Jury Deliberations—application to Take Majority Verdict
Outcome
A reasonable time has elapsed for the purposes of permitting a majority verdict under Jury Act 1977 (NSW), s 55F(2)(a).
Legal Topics
['jury Procedure' 'majority Verdicts' 'reasonable Time for Jury Deliberations']
['criminal Law'] ['jury Procedure' 'majority Verdicts' 'reasonable Time for Jury Deliberations']

Case Brief

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Procedural Posture

Criminal / Jury Deliberations—application to Take Majority Verdict

Legal Issues

  1. 1 ['Whether a reasonable period of time has elapsed since the jury retired to permit a majority verdict pursuant to Jury Act 1977 (NSW), s 55F(2)(a)']

Ratio Decidendi

A reasonable time has elapsed since the jury retired, considering the complexity and length of the trial, the assistance provided to the jury, absence of further jury questions, and the parties' joint position, such that a majority verdict may now be accepted.

Court Disposition

A reasonable time has elapsed for the purposes of permitting a majority verdict under Jury Act 1977 (NSW), s 55F(2)(a).

Orders

  • ['A majority verdict may now be taken.']