R (Cth) v Pirrello, Pirrello & D’Agostino [2019] NSWSC 1834

R (Cth) v Pirrello, Pirrello & D’Agostino [2019] NSWSC 1834

The Court held that the mere reduction in the number of jurors does not, of itself, create a risk of substantial miscarriage of justice. Considering all circumstances, including the stage and length of the trial, the impact of delay, and the lack of specific risks, the Court was not of the opinion that continuing with eleven jurors would give rise to a substantial miscarriage of justice. Thus, the application to discharge the jury was refused and the trial would continue.

Parties
Prosecutor: Regina (Crown); First Accused: Joseph D'Agostino; Second Accused: Michael Pirrello; Third Accused: Francesco Pirrello
Jurisdiction
Australia
Judgment Date
07 November 2019
Procedural Posture
Criminal / Application to Discharge Jury During Trial
Outcome
Application to discharge jury refused; trial to continue with reduced jury.
Legal Topics
Jury Discharge, Criminal Trial Procedure, Conspiracy to Import Border Controlled Drugs, Substantial Miscarriage of Justice
Criminal Law Jury Discharge Criminal Trial Procedure Conspiracy to Import Border Controlled Drugs Substantial Miscarriage of Justice

Case Brief

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Parties

Regina (Crown)

Prosecutor

Joseph D'Agostino

First Accused

Michael Pirrello

Second Accused

Francesco Pirrello

Third Accused

Procedural Posture

Criminal / Application to Discharge Jury During Trial

Legal Issues

  1. 1 Whether the jury should be discharged after the loss of a juror due to medical incapacitation
  2. 2 Whether continuing the trial with eleven jurors risks a substantial miscarriage of justice under s 53C of the Jury Act 1977 (NSW)

Ratio Decidendi

The Court held that the mere reduction in the number of jurors does not, of itself, create a risk of substantial miscarriage of justice. Considering all circumstances, including the stage and length of the trial, the impact of delay, and the lack of specific risks, the Court was not of the opinion that continuing with eleven jurors would give rise to a substantial miscarriage of justice. Thus, the application to discharge the jury was refused and the trial would continue.

Court Disposition

Application to discharge jury refused; trial to continue with reduced jury.

Orders

  • The trial will continue with the remaining eleven jurors.
  • Application by Mr D'Agostino to discharge the jury is declined.