R (Cth) v Petroulias (No. 32) [2007] NSWSC 1302

R (Cth) v Petroulias (No. 32) [2007] NSWSC 1302

It is open to a jury in a criminal trial in New South Wales to replace its foreperson at any time and for any reason it sees fit. There is no legal requirement for the trial judge to be satisfied that good cause exists, nor is the consent of the former foreperson necessary. The only step required of the judge is to note the change of foreperson. This reflects the limited, spokesperson function of the foreperson, whose position has no special statutory foundation at the relevant time.

Parties
Crown: Regina (Commonwealth); Accused: Nikytas Nicholas Petroulias
Jurisdiction
Australia
Judgment Date
14 November 2007
Procedural Posture
Criminal Trial / During Trial – Ruling on Change of Jury Foreperson
Outcome
Application noted; court recognised the change of foreperson without further inquiry or order.
Legal Topics
Jury Procedure, Change of Foreperson, Trial by Jury
Criminal Law Jury Procedure Change of Foreperson Trial by Jury

Case Brief

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Parties

Regina (Commonwealth)

Crown

Nikytas Nicholas Petroulias

Accused

Procedural Posture

Criminal Trial / During Trial – Ruling on Change of Jury Foreperson

Legal Issues

  1. 1 Can a jury in a criminal trial replace its foreperson during the course of the trial without good cause or consent of the original foreperson?
  2. 2 Is there any legal requirement for the judge to make further inquiry or order upon change of foreperson?

Ratio Decidendi

It is open to a jury in a criminal trial in New South Wales to replace its foreperson at any time and for any reason it sees fit. There is no legal requirement for the trial judge to be satisfied that good cause exists, nor is the consent of the former foreperson necessary. The only step required of the judge is to note the change of foreperson. This reflects the limited, spokesperson function of the foreperson, whose position has no special statutory foundation at the relevant time.

Court Disposition

Application noted; court recognised the change of foreperson without further inquiry or order.

Orders

  • The Court noted that the jury had chosen a new foreperson.