R v Ambrosius (No 3) [2017] NSWSC 1847

R v Ambrosius (No 3) [2017] NSWSC 1847

The jury had deliberated for about 25 hours, which was a reasonable time having regard to the nature and complexity of the proceedings, and examination on affirmation of three jurors showed that it was unlikely the jury would reach a unanimous verdict after further deliberation. The statutory conditions precedent to giving a majority verdict direction were therefore satisfied.

Jurisdiction
Australia
Judgment Date
24 November 2017
Procedural Posture
Criminal Procedure Procedural Ruling / During Jury Deliberations; Whether to Give a Majority Verdict Direction
Outcome
The Court was satisfied that the statutory conditions precedent to giving the jury a majority verdict direction under s 55F of the Jury Act 1977 (NSW) were satisfied.
Legal Topics
['majority Verdicts' 'jury Deliberations' 'jury Act 1977 (nsw) S 55 F']
['criminal Procedure'] ['majority Verdicts' 'jury Deliberations' 'jury Act 1977 (nsw) S 55 F']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Procedure Procedural Ruling / During Jury Deliberations; Whether to Give a Majority Verdict Direction

Legal Issues

  1. 1 ['Whether the statutory conditions precedent to giving the jury a majority verdict direction under s 55F of the Jury Act 1977 (NSW) were satisfied.']

Ratio Decidendi

The jury had deliberated for about 25 hours, which was a reasonable time having regard to the nature and complexity of the proceedings, and examination on affirmation of three jurors showed that it was unlikely the jury would reach a unanimous verdict after further deliberation. The statutory conditions precedent to giving a majority verdict direction were therefore satisfied.

Court Disposition

The Court was satisfied that the statutory conditions precedent to giving the jury a majority verdict direction under s 55F of the Jury Act 1977 (NSW) were satisfied.

Orders

  • ['The jury was to be returned to Court for the purpose of giving a majority verdict direction.']