R v Patterson (No 1) [2024] NSWSC 394

R v Patterson (No 1) [2024] NSWSC 394

Juror A is discharged under s 53B(d) of the Jury Act 1977 (NSW) because she is required to care for her sick child and cannot perform her duties; the trial will continue with 12 jurors in accordance with s 53C.

Jurisdiction
Australia
Judgment Date
10 April 2024
Procedural Posture
Criminal Trial / Interlocutory Ruling During Trial
Outcome
Juror A is discharged; trial to continue with 12 jurors.
Legal Topics
['jury Procedure' 'discharge of Juror' 'trial Continuation']
['criminal Law'] ['jury Procedure' 'discharge of Juror' 'trial Continuation']

Case Brief

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Procedural Posture

Criminal Trial / Interlocutory Ruling During Trial

Legal Issues

  1. 1 ['Whether Juror A should be discharged due to inability to serve because of caring for a sick child' 'Whether the trial should continue with remaining jurors after discharge']

Ratio Decidendi

Juror A is discharged under s 53B(d) of the Jury Act 1977 (NSW) because she is required to care for her sick child and cannot perform her duties; the trial will continue with 12 jurors in accordance with s 53C.

Court Disposition

Juror A is discharged; trial to continue with 12 jurors.

Orders

  • ['Juror A is discharged.' 'Trial is to continue.']