R v Camelo-Gomez (No 5) [2022] NSWSC 353

R v Camelo-Gomez (No 5) [2022] NSWSC 353

The jury was discharged because the trial had been beset by difficulties, principally related to the COVID-19 pandemic, with more days without evidence than with evidence, and the accused's COVID-19 isolation caused a further delay that could not be accepted with the jury continuing.

Jurisdiction
Australia
Judgment Date
28 March 2022
Procedural Posture
Criminal Trial Murder / Application to Discharge Whole Jury During Trial
Outcome
Jury discharged from further service; matter fixed for retrial on 4 April 2022 with a mention on 31 March 2022 to confirm the trial date.
Legal Topics
['murder Trial' 'jury Discharge' 'covid 19 Disruption' 'retrial']
['criminal Law' 'criminal Procedure'] ['murder Trial' 'jury Discharge' 'covid 19 Disruption' 'retrial']

Case Brief

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Procedural Posture

Criminal Trial Murder / Application to Discharge Whole Jury During Trial

Legal Issues

  1. 1 ["Whether the whole jury empanelled for the accused's murder trial should be discharged because the trial had become disjointed and fragmented by repeated delays, including COVID-19 infection and isolation." "Whether the proceedings could properly continue with the existing jury after further delay caused by the accused's COVID-19 infection."]

Ratio Decidendi

The jury was discharged because the trial had been beset by difficulties, principally related to the COVID-19 pandemic, with more days without evidence than with evidence, and the accused's COVID-19 isolation caused a further delay that could not be accepted with the jury continuing.

Court Disposition

Jury discharged from further service; matter fixed for retrial on 4 April 2022 with a mention on 31 March 2022 to confirm the trial date.

Orders

  • ['The jury empanelled on 7 March 2022 is discharged from further service.' "The Office of the Sheriff is directed to contact each of the former jurors by telephone today to advise that the jury has been discharged from further service, that the reason for discharge is complications caused by infection to...