R v Krivosic [2021] NSWSC 535

R v Krivosic [2021] NSWSC 535

The Crown's application to discharge juror C was refused because the interruption caused by his absence was limited to two days, his return for jury duty was anticipated on the next sitting day, and Mr Krivosic was content to await his return. Discharging juror C in these circumstances would unjustly infringe the accused's entitlement to be tried by a full jury of twelve.

Parties
Prosecution: Regina (Crown); Accused: Marko Krivosic
Jurisdiction
Australia
Judgment Date
14 May 2021
Procedural Posture
Criminal / Pre Verdict, Jury Trial Procedural Application
Outcome
Application refused
Legal Topics
Jury Discharge, Trial Delay Due to Absent Juror, Number of Jurors
Criminal Law Jury Discharge Trial Delay Due to Absent Juror Number of Jurors

Case Brief

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Parties

Regina (Crown)

Prosecution

Marko Krivosic

Accused

Procedural Posture

Criminal / Pre Verdict, Jury Trial Procedural Application

Legal Issues

  1. 1 Should juror C be discharged due to illness and absence from trial?
  2. 2 Should trial proceed with 11 jurors only if juror C is discharged?

Ratio Decidendi

The Crown's application to discharge juror C was refused because the interruption caused by his absence was limited to two days, his return for jury duty was anticipated on the next sitting day, and Mr Krivosic was content to await his return. Discharging juror C in these circumstances would unjustly infringe the accused's entitlement to be tried by a full jury of twelve.

Court Disposition

Application refused

Orders

  • The Crown's applications that the absent juror be discharged and that the trial proceed with 11 jurors only are refused.