R v Fitzpatrick (No 7) [2019] NSWSC 983

R v Fitzpatrick (No 7) [2019] NSWSC 983

The enquiry established that the juror's impartiality was not affected and the jury as a whole remained uninfluenced; therefore, no discharge of the individual juror or the whole jury was warranted.

Parties
Crown: Regina; Accused: Paul John Fitzpatrick
Jurisdiction
Australia
Judgment Date
29 July 2019
Procedural Posture
Criminal Trial / Procedural Ruling During Jury Deliberation
Outcome
No discharge of juror or jury; jury permitted to return verdict.
Legal Topics
Jury Impartiality, Discharge of Juror, Discharge of Whole Jury, Jury Trial Procedure
Criminal Law Jury Impartiality Discharge of Juror Discharge of Whole Jury Jury Trial Procedure

Case Brief

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Parties

Regina

Crown

Paul John Fitzpatrick

Accused

Procedural Posture

Criminal Trial / Procedural Ruling During Jury Deliberation

Legal Issues

  1. 1 whether juror's impartiality was impugned by approach at social function
  2. 2 whether individual juror should be discharged
  3. 3 whether occasion had arisen for discharge of whole jury

Ratio Decidendi

The enquiry established that the juror's impartiality was not affected and the jury as a whole remained uninfluenced; therefore, no discharge of the individual juror or the whole jury was warranted.

Court Disposition

No discharge of juror or jury; jury permitted to return verdict.

Orders

  • No discharge of juror concerned.
  • No discharge of whole jury.