R v Cranston (No 25) [2023] NSWSC 15

R v Cranston (No 25) [2023] NSWSC 15

After the jury retired, the Court considered the need to avoid lengthy breaks in deliberations. In light of the Crown and four accused opposing a direction requiring the jury to sit during the week commencing 30 January 2023, the Court asked the jury to reconsider the commitment. The jury advised that the juror could not change her plans to sit at any time during that week. As all parties then submitted that the trial should be adjourned if no verdicts had been returned, the trial was adjourned on 27 January 2023 to 9.30 am on 6 February 2023.

Jurisdiction
Australia
Judgment Date
27 January 2023
Procedural Posture
Criminal Trial / Procedural Ruling on Adjournment During Jury Deliberations
Outcome
Trial adjourned until 6 February 2023.
Legal Topics
['trial Adjournment' 'jury Deliberations']
['criminal Procedure'] ['trial Adjournment' 'jury Deliberations']

Case Brief

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Procedural Posture

Criminal Trial / Procedural Ruling on Adjournment During Jury Deliberations

Legal Issues

  1. 1 ['Whether the trial should be adjourned from 27 January 2023 until 6 February 2023 if no verdicts had been returned by then, because a juror was unable to sit during the week commencing 30 January 2023.' "Whether the jury should be required to sit during the week commencing 30 January 2023 or asked to reconsider the juror's unavailability."]

Ratio Decidendi

After the jury retired, the Court considered the need to avoid lengthy breaks in deliberations. In light of the Crown and four accused opposing a direction requiring the jury to sit during the week commencing 30 January 2023, the Court asked the jury to reconsider the commitment. The jury advised that the juror could not change her plans to sit at any time during that week. As all parties then submitted that the trial should be adjourned if no verdicts had been returned, the trial was adjourned on 27 January 2023 to 9.30 am on 6 February 2023.

Court Disposition

Trial adjourned until 6 February 2023.

Orders

  • ['Adjourn the trial until 6 February 2023.']