R v Lupton (No 4) [2022] NSWSC 37

R v Lupton (No 4) [2022] NSWSC 37

Juror number 2812801 was required to isolate for seven days as a close contact of his COVID-19 positive mother. Although the judge could not form the opinion that the juror was so sick that he was unable to perform the role of a juror or posed a health risk, the required absence from court was another reason affecting the juror's ability to perform the functions of a juror. Considering the length of the trial, the isolation period, the jury of fifteen, inconvenience from delay, and the likelihood of further disruption, the discretionary power to discharge the juror should be exercised. Continuing with 14 jurors did not give rise to the risk of a substantial miscarriage of justice.

Jurisdiction
Australia
Judgment Date
25 January 2022
Procedural Posture
Criminal Trial Procedural Ruling / During Jury Trial
Outcome
Juror number 2812801 discharged; trial to continue with a reduced number of jurors.
Legal Topics
['discharge of Individual Juror' 'covid 19 Close Contact' 'jury Trial During Pandemic' 'trial Continuing With Reduced Number of Jurors']
['criminal Law' 'jury Procedure'] ['discharge of Individual Juror' 'covid 19 Close Contact' 'jury Trial During Pandemic' 'trial Continuing With Reduced Number of Jurors']

Case Brief

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Procedural Posture

Criminal Trial Procedural Ruling / During Jury Trial

Legal Issues

  1. 1 ['Whether juror number 2812801 should be discharged after becoming a close contact of a person who tested positive for COVID-19 and being required to isolate for seven days.' 'Whether the trial should continue with 14 jurors or the whole jury should be discharged.']

Ratio Decidendi

Juror number 2812801 was required to isolate for seven days as a close contact of his COVID-19 positive mother. Although the judge could not form the opinion that the juror was so sick that he was unable to perform the role of a juror or posed a health risk, the required absence from court was another reason affecting the juror's ability to perform the functions of a juror. Considering the length of the trial, the isolation period, the jury of fifteen, inconvenience from delay, and the likelihood of further disruption, the discretionary power to discharge the juror should be exercised. Continuing with 14 jurors did not give rise to the risk of a substantial miscarriage of justice.

Court Disposition

Juror number 2812801 discharged; trial to continue with a reduced number of jurors.

Orders

  • ['Juror 2812801 is discharged.' 'The trial is to continue with a reduced number of jurors.']