Regina v Kurukulasuriya Fernando [2007] NSWDC 274

Regina v Kurukulasuriya Fernando [2007] NSWDC 274

It is appropriate to discharge the juror due to illness as she is incapable of continuing, and given the accused consents and will not suffer significant disadvantage, the trial should continue with eleven jurors pursuant to s22 of the Jury Act 1977.

Parties
Prosecution: Regina; Accused: Kurukulasuriya Fernando
Jurisdiction
Australia
Judgment Date
14 February 2007
Procedural Posture
Criminal Trial / During Trial
Outcome
Application granted, juror discharged due to illness, trial to continue with eleven jurors.
Legal Topics
Discharging a Juror Due to Illness, Trial Continuation With Reduced Jury
Criminal Law Jury Procedure Discharging a Juror Due to Illness Trial Continuation With Reduced Jury

Case Brief

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Parties

Regina

Prosecution

Kurukulasuriya Fernando

Accused

Procedural Posture

Criminal Trial / During Trial

Legal Issues

  1. 1 Whether to discharge a juror due to illness under s22 of the Jury Act 1977
  2. 2 Whether the trial can properly continue with fewer than twelve jurors

Ratio Decidendi

It is appropriate to discharge the juror due to illness as she is incapable of continuing, and given the accused consents and will not suffer significant disadvantage, the trial should continue with eleven jurors pursuant to s22 of the Jury Act 1977.

Court Disposition

Application granted, juror discharged due to illness, trial to continue with eleven jurors.

Orders

  • The ill juror is discharged.
  • The jury shall continue with eleven members for the purposes of this trial.