R v Kelu; R v Millner (No 2) [2023] NSWSC 1538

R v Kelu; R v Millner (No 2) [2023] NSWSC 1538

The juror was discharged because the contents of Jury Note 6 indicated that something unacceptable had happened in the jury room, that the juror was unable to respect the court officers any longer, and that there was a real risk the juror would not be able to give proper attention to the evidence.

Jurisdiction
Australia
Judgment Date
13 June 2023
Procedural Posture
Criminal Procedure — Trial — Jury / Application to Discharge Individual Juror
Outcome
The individual juror will be discharged.
Legal Topics
['trial' 'jury' 'discharge of Individual Juror' "juror's Ability to Perform Functions"]
['criminal Procedure'] ['trial' 'jury' 'discharge of Individual Juror' "juror's Ability to Perform Functions"]

Case Brief

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Procedural Posture

Criminal Procedure — Trial — Jury / Application to Discharge Individual Juror

Legal Issues

  1. 1 ['Whether an individual juror should be discharged where the juror sent a note indicating that he or she no longer respected the court officers.' "Whether the matters raised in Jury Note 6 were likely affecting the juror's ability to perform his or her functions."]

Ratio Decidendi

The juror was discharged because the contents of Jury Note 6 indicated that something unacceptable had happened in the jury room, that the juror was unable to respect the court officers any longer, and that there was a real risk the juror would not be able to give proper attention to the evidence.

Court Disposition

The individual juror will be discharged.

Orders

  • ['The individual juror will be discharged.']