R v RB (no 7) [2020] NSWDC 859

R v RB (no 7) [2020] NSWDC 859

Given the juror's inability to properly follow the trial due to lack of English proficiency, and in consideration of the significant delay that would be caused by discharging the entire jury, the court found it appropriate to discharge the affected juror only and proceed with 11 jurors, holding that this does not amount to a substantial miscarriage of justice.

Jurisdiction
Australia
Judgment Date
01 October 2020
Procedural Posture
Criminal / Interlocutory Ruling During Trial
Outcome
Juror discharged; trial to proceed with 11 jurors.
Legal Topics
['practice and Procedure' 'juries' 'jury Discharge' 'jury Act 1977 (nsw) S 53 B(d)']
['criminal Law'] ['practice and Procedure' 'juries' 'jury Discharge' 'jury Act 1977 (nsw) S 53 B(d)']

Case Brief

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Procedural Posture

Criminal / Interlocutory Ruling During Trial

Legal Issues

  1. 1 ['Whether the juror should be discharged on grounds of incapacity to serve due to limited English language proficiency' 'Whether the trial can proceed fairly and lawfully with 11 jurors instead of 12']

Ratio Decidendi

Given the juror's inability to properly follow the trial due to lack of English proficiency, and in consideration of the significant delay that would be caused by discharging the entire jury, the court found it appropriate to discharge the affected juror only and proceed with 11 jurors, holding that this does not amount to a substantial miscarriage of justice.

Court Disposition

Juror discharged; trial to proceed with 11 jurors.

Orders

  • ['The juror is discharged.' 'The trial will proceed with 11 jurors.']