R (Cth) v Petroulias (No. 27) [2007] NSWSC 838

R (Cth) v Petroulias (No. 27) [2007] NSWSC 838

The medical evidence now before the Court expressly stated that the applicant juror was, through illness, incapable of continuing to act as a juror. In light of that evidence and observations of the juror's behaviour, the juror should be discharged. Having regard to the advanced state of the Crown case, the history of the proceedings, the evidence already given by Crown witnesses, and the operation and purpose of s22 Jury Act 1977, the appropriate course was for the trial to proceed with the remaining eleven jurors.

Jurisdiction
Australia
Judgment Date
02 August 2007
Procedural Posture
Criminal Jury Trial / Further Application by a Juror to Be Discharged During Trial and Determination Whether Trial Should Continue Before Eleven Jurors
Outcome
Application by the applicant juror to be discharged granted; trial to proceed before the remaining eleven jurors.
Legal Topics
['jury Trial' 'discharge of Juror' 'mental Illness of Juror' 'trial by Eleven Jurors' 's.22 Jury Act 1977']
['criminal Law'] ['jury Trial' 'discharge of Juror' 'mental Illness of Juror' 'trial by Eleven Jurors' 's.22 Jury Act 1977']

Case Brief

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Procedural Posture

Criminal Jury Trial / Further Application by a Juror to Be Discharged During Trial and Determination Whether Trial Should Continue Before Eleven Jurors

Legal Issues

  1. 1 ['Whether the applicant juror should be discharged from the jury because mental illness affected her ability to continue serving as a juror.' 'If the applicant juror was discharged, whether the trial should continue before the remaining eleven jurors under s.22 (a) Jury Act 1977.']

Ratio Decidendi

The medical evidence now before the Court expressly stated that the applicant juror was, through illness, incapable of continuing to act as a juror. In light of that evidence and observations of the juror's behaviour, the juror should be discharged. Having regard to the advanced state of the Crown case, the history of the proceedings, the evidence already given by Crown witnesses, and the operation and purpose of s22 Jury Act 1977, the appropriate course was for the trial to proceed with the remaining eleven jurors.

Court Disposition

Application by the applicant juror to be discharged granted; trial to proceed before the remaining eleven jurors.

Orders

  • ['The juror described as the applicant juror is discharged.' 'Under s.22 (a) Jury Act 1977, the remaining eleven jurors be considered as remaining for all purposes of the trial, to be properly constituted as the jury.']