R v Krivosic [2021] NSWSC 583

R v Krivosic [2021] NSWSC 583

It is preferable to proceed with all 12 jurors. The potential denial of the accused's right to be tried by 12 jurors and the absence of enthusiasm from either party for discharging the whole jury outweighs the inconvenience to the other jurors, so the application to discharge the absent juror is refused.

Parties
Crown: Regina; Accused: Marko Krivosic
Jurisdiction
Australia
Judgment Date
24 May 2021
Procedural Posture
Criminal Trial / Application to Discharge Juror During Jury Deliberations
Outcome
Application to discharge the absent juror refused.
Legal Topics
Jury Discharge, Majority Verdict, Juror Illness, Procedural Rulings
Criminal Law Jury Discharge Majority Verdict Juror Illness Procedural Rulings

Case Brief

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Parties

Regina

Crown

Marko Krivosic

Accused

Procedural Posture

Criminal Trial / Application to Discharge Juror During Jury Deliberations

Legal Issues

  1. 1 Whether a sick juror should be discharged during jury deliberations
  2. 2 Implications of proceeding with fewer than 12 jurors

Ratio Decidendi

It is preferable to proceed with all 12 jurors. The potential denial of the accused's right to be tried by 12 jurors and the absence of enthusiasm from either party for discharging the whole jury outweighs the inconvenience to the other jurors, so the application to discharge the absent juror is refused.

Court Disposition

Application to discharge the absent juror refused.

Orders

  • The Crown's application that the absent juror be discharged is refused.