R v Dunstall (No 2) [2018] NSWSC 1448

R v Dunstall (No 2) [2018] NSWSC 1448

In the unusual circumstances, the Court exercised its discretion not to discharge the remaining 11 jurors because there was no suggested prejudice or influence against the accused from the excluded juror, the trial had already suffered unusual logistical delay, the administration of justice supported continuation, the risk of later abortion from insufficient jurors was assessed as reasonably low, and 11 jurors remained a sufficient jury to continue the trial.

Jurisdiction
Australia
Judgment Date
26 September 2018
Procedural Posture
Criminal Trial on a Count of Murder / Procedural Ruling During Jury Trial After Discharge of an Excluded Juror
Outcome
Excluded juror discharged; trial to continue with 11 jurors.
Legal Topics
['trial by Jury' 'discharge of Excluded Juror' 'continuation of Trial With Fewer Than 12 Jurors' 'jury Act 1977 (nsw)']
['criminal Law'] ['trial by Jury' 'discharge of Excluded Juror' 'continuation of Trial With Fewer Than 12 Jurors' 'jury Act 1977 (nsw)']

Case Brief

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Procedural Posture

Criminal Trial on a Count of Murder / Procedural Ruling During Jury Trial After Discharge of an Excluded Juror

Legal Issues

  1. 1 ['Whether, after an excluded juror was discharged, the murder trial should continue with the remaining 11 jurors pursuant to ss 22 and 53C of the Jury Act 1977 (NSW).']

Ratio Decidendi

In the unusual circumstances, the Court exercised its discretion not to discharge the remaining 11 jurors because there was no suggested prejudice or influence against the accused from the excluded juror, the trial had already suffered unusual logistical delay, the administration of justice supported continuation, the risk of later abortion from insufficient jurors was assessed as reasonably low, and 11 jurors remained a sufficient jury to continue the trial.

Court Disposition

Excluded juror discharged; trial to continue with 11 jurors.

Orders

  • ['Excluded juror discharged.' 'Trial to continue with 11 jurors.']