R v Sloan (No. 3) [2022] NSWDC 511

R v Sloan (No. 3) [2022] NSWDC 511

Because s 42(2) Jury Act 1977 permits any number of peremptory challenges where the Crown and all persons prosecuted agree, the Crown's consent to the accused's fifth challenge meant no difficulty was created and the trial could proceed.

Jurisdiction
Australia
Judgment Date
25 October 2022
Procedural Posture
Criminal Procedural Ruling / Trial Jury Empanelment
Outcome
Additional peremptory challenge allowed with the consent of the Crown.
Legal Topics
['trial' 'empanelment' 'jury' 'peremptory Challenges']
['criminal Procedure'] ['trial' 'empanelment' 'jury' 'peremptory Challenges']

Case Brief

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Procedural Posture

Criminal Procedural Ruling / Trial Jury Empanelment

Legal Issues

  1. 1 ['Whether an additional peremptory challenge during jury empanelment could be allowed where the Crown and the accused agreed to the challenge.']

Ratio Decidendi

Because s 42(2) Jury Act 1977 permits any number of peremptory challenges where the Crown and all persons prosecuted agree, the Crown's consent to the accused's fifth challenge meant no difficulty was created and the trial could proceed.

Court Disposition

Additional peremptory challenge allowed with the consent of the Crown.

Orders

  • ['Additional peremptory challenge allowed with the consent of the Crown.']