R v Newson (No 2) [2020] NSWSC 463

R v Newson (No 2) [2020] NSWSC 463

After a jury note raised concerns that a juror was struggling to stay awake, the juror denied on oath that she had been sleeping. Later, the judge observed the juror with her head bowed and apparently rising and falling with her breathing, and both the Crown solicitor and counsel for the accused indicated that the juror appeared to be asleep. On that basis, the Court discharged the juror under s 53B(d) of the Jury Act 1977 (NSW) and continued the trial with 14 jurors.

Jurisdiction
Australia
Judgment Date
28 April 2021
Procedural Posture
Criminal Trial on a Count of Murder / Procedural Ruling During Trial on Discharge of an Individual Juror and Continuation With Reduced Jury
Outcome
Juror discharged; trial to continue with 14 jurors.
Legal Topics
['jury Trial' 'discharge of Individual Juror' 'juror Sleeping During Evidence' 'continuation With Reduced Number of Jurors']
['criminal Procedure'] ['jury Trial' 'discharge of Individual Juror' 'juror Sleeping During Evidence' 'continuation With Reduced Number of Jurors']

Case Brief

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Procedural Posture

Criminal Trial on a Count of Murder / Procedural Ruling During Trial on Discharge of an Individual Juror and Continuation With Reduced Jury

Legal Issues

  1. 1 ['Whether a juror who appeared to be sleeping during evidence should be discharged under s 53B(d) of the Jury Act 1977 (NSW).' 'Whether the trial should continue with a reduced number of jurors under s 53C(1)(b) of the Jury Act 1977 (NSW).']

Ratio Decidendi

After a jury note raised concerns that a juror was struggling to stay awake, the juror denied on oath that she had been sleeping. Later, the judge observed the juror with her head bowed and apparently rising and falling with her breathing, and both the Crown solicitor and counsel for the accused indicated that the juror appeared to be asleep. On that basis, the Court discharged the juror under s 53B(d) of the Jury Act 1977 (NSW) and continued the trial with 14 jurors.

Court Disposition

Juror discharged; trial to continue with 14 jurors.

Orders

  • ['Pursuant to s 53B(d) of the Jury Act 1977 (NSW), juror discharged.' 'Pursuant to s 53C(1)(b) of the Jury Act 1977 (NSW), the trial is to continue with a reduced number of jurors, namely 14 jurors.']