R v Petroulias (No 17) [2007] NSWSC 499

R v Petroulias (No 17) [2007] NSWSC 499

The presence on the jury of a disqualified person does not render the trial a nullity due to s.73(a) Jury Act 1977; the absent juror may be discharged under s.22, and the trial may lawfully proceed with the remaining eleven jurors.

Jurisdiction
Australia
Judgment Date
10 May 2007
Procedural Posture
Criminal / Interlocutory Application During Jury Trial
Outcome
Application allowed; absent juror discharged; trial to continue with eleven jurors; publication order made.
Legal Topics
['jury Trials' 'jury Disqualification' 'jury Constitution' 'jury Act Compliance' 'publication Orders']
['criminal Law'] ['jury Trials' 'jury Disqualification' 'jury Constitution' 'jury Act Compliance' 'publication Orders']

Case Brief

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Procedural Posture

Criminal / Interlocutory Application During Jury Trial

Legal Issues

  1. 1 ['Whether the presence of a disqualified juror renders the trial a nullity' 'Whether the disqualified juror ought to be discharged under s.22 Jury Act 1977' 'Whether the trial can proceed with eleven jurors under s.22 Jury Act 1977']

Ratio Decidendi

The presence on the jury of a disqualified person does not render the trial a nullity due to s.73(a) Jury Act 1977; the absent juror may be discharged under s.22, and the trial may lawfully proceed with the remaining eleven jurors.

Court Disposition

Application allowed; absent juror discharged; trial to continue with eleven jurors; publication order made.

Orders

  • ['The absent juror is discharged under s.22(a) Jury Act 1977.' 'The remaining eleven jurors be considered properly constituted for all purposes of the trial under s.22(a) Jury Act 1977.' 'An order prohibiting publication of matters revealed concerning the absent juror, reasons for his absence, and the discharge...