R v Ronald Edward Medich (No. 23) [2017] NSWSC 267

R v Ronald Edward Medich (No. 23) [2017] NSWSC 267

The juror was the apparent source of statements made by his partner, a solicitor, to a Crown Prosecutor about aspects of the ongoing trial, despite repeated directions not to discuss the evidence or the case with anyone other than fellow jurors. His denials were difficult to accept, and there was at least a concern that he had acted in defiance of the Court's directions. Because that was not a proper exercise of his functions as a juror, he should not continue to act as a juror and was discharged.

Jurisdiction
Australia
Judgment Date
17 March 2017
Procedural Posture
Criminal Proceedings / Procedural Application During Trial to Discharge a Juror Under S. 53 B(d) of the Jury Act 1977 (nsw)
Outcome
Juror discharged; trial to continue with the remaining 13 members of the jury.
Legal Topics
['practice and Procedure' 'juries' 'juror Misconduct' 'discharge of Juror' 'private Inquiries by Juror']
['criminal Law'] ['practice and Procedure' 'juries' 'juror Misconduct' 'discharge of Juror' 'private Inquiries by Juror']

Case Brief

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Procedural Posture

Criminal Proceedings / Procedural Application During Trial to Discharge a Juror Under S. 53 B(d) of the Jury Act 1977 (nsw)

Legal Issues

  1. 1 ['Whether a juror should be discharged where there was evidence that the juror discussed aspects of the trial with his partner despite repeated directions not to discuss the case.' 'Whether the juror should be examined on oath under s. 55DA of the Jury Act 1977 (NSW) concerning possible conduct contrary to s. 68C.']

Ratio Decidendi

The juror was the apparent source of statements made by his partner, a solicitor, to a Crown Prosecutor about aspects of the ongoing trial, despite repeated directions not to discuss the evidence or the case with anyone other than fellow jurors. His denials were difficult to accept, and there was at least a concern that he had acted in defiance of the Court's directions. Because that was not a proper exercise of his functions as a juror, he should not continue to act as a juror and was discharged.

Court Disposition

Juror discharged; trial to continue with the remaining 13 members of the jury.

Orders

  • ['Juror number 01737387 is discharged.' 'The trial is to continue with the 13 members of the jury who remain.']