R (Cth) v Petroulias (No. 31) [2007] NSWSC 1213

R (Cth) v Petroulias (No. 31) [2007] NSWSC 1213

The application was refused because the juror had not sought discharge, remained willing to continue, was expected to return after an additional day of recuperation, the net loss of sitting time was only half a sitting day, the trial was well advanced, and the jury had already been reduced to eleven; discharging another juror required good and substantial reason, which was not shown.

Jurisdiction
Australia
Judgment Date
29 October 2007
Procedural Posture
Criminal Trial by Jury / Application by the Accused for Discharge of a Juror During Trial
Outcome
The application by the Accused to discharge a juror is refused.
Legal Topics
['trial by Jury' 'discharge of Juror' 'jury Illness or Medical Absence' 'adjournment']
['criminal Law'] ['trial by Jury' 'discharge of Juror' 'jury Illness or Medical Absence' 'adjournment']

Case Brief

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Procedural Posture

Criminal Trial by Jury / Application by the Accused for Discharge of a Juror During Trial

Legal Issues

  1. 1 ['Whether a juror who had undergone lacrimal surgery and was medically unfit to attend for an additional half sitting day should be discharged.' 'Whether the trial should proceed with a jury of ten or be adjourned to continue before the existing jury of eleven.']

Ratio Decidendi

The application was refused because the juror had not sought discharge, remained willing to continue, was expected to return after an additional day of recuperation, the net loss of sitting time was only half a sitting day, the trial was well advanced, and the jury had already been reduced to eleven; discharging another juror required good and substantial reason, which was not shown.

Court Disposition

The application by the Accused to discharge a juror is refused.

Orders

  • ['The application by the Accused to discharge a juror is refused.' 'The trial is adjourned until 10.00 am on 29 October 2007 to continue before the jury of eleven.']