R v Nancarrow (No 1) [2022] NSWSC 243

R v Nancarrow (No 1) [2022] NSWSC 243

Because the juror was a diagnosed person under the Public Health (COVID-19 Self-Isolation) Order 2022 (NSW) and was required to self-isolate for at least seven days, the juror was unable to perform the functions of a juror in the context of the short trial and should be discharged under s 53B(d) of the Jury Act 1977 (NSW). Continuing the trial with the remaining eleven jurors would not give rise to a risk of a substantial miscarriage of justice, so the trial should continue under s 53C(1)(b), with an adjournment until 7 March 2022.

Jurisdiction
Australia
Judgment Date
04 March 2022
Procedural Posture
Criminal Murder Trial / Procedural Ruling During Trial on Discharge of Juror and Continuation With Reduced Jury
Outcome
Individual juror discharged; trial to continue with eleven jurors after adjournment.
Legal Topics
['discharge of Juror' 'covid 19 Self Isolation' 'trial With Eleven Jurors' 'substantial Miscarriage of Justice']
['criminal Law' 'jury Procedure' 'public Health Law'] ['discharge of Juror' 'covid 19 Self Isolation' 'trial With Eleven Jurors' 'substantial Miscarriage of Justice']

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Procedural Posture

Criminal Murder Trial / Procedural Ruling During Trial on Discharge of Juror and Continuation With Reduced Jury

Legal Issues

  1. 1 ['Whether an individual juror who tested positive for COVID-19 by rapid antigen test should be discharged under s 53B of the Jury Act 1977 (NSW).' 'Whether the trial should continue with the remaining eleven jurors under s 53C of the Jury Act 1977 (NSW).' 'Whether continuing with eleven jurors would give rise to the risk of a substantial miscarriage of justice.' 'Whether the trial should be adjourned to allow further rapid antigen testing of the remaining jurors.']

Ratio Decidendi

Because the juror was a diagnosed person under the Public Health (COVID-19 Self-Isolation) Order 2022 (NSW) and was required to self-isolate for at least seven days, the juror was unable to perform the functions of a juror in the context of the short trial and should be discharged under s 53B(d) of the Jury Act 1977 (NSW). Continuing the trial with the remaining eleven jurors would not give rise to a risk of a substantial miscarriage of justice, so the trial should continue under s 53C(1)(b), with an adjournment until 7 March 2022.

Court Disposition

Individual juror discharged; trial to continue with eleven jurors after adjournment.

Orders

  • ['Juror number 578-8 02937677 is discharged pursuant to s 53B of the Jury Act 1977 (NSW).' 'Pursuant to s 53C(1)(b) of the Jury Act, the trial is to continue with the remaining eleven jurors.' 'The trial will be adjourned until Monday 7 March 2022.']