R v Jacobs [2013] NSWSC 942

R v Jacobs [2013] NSWSC 942

Given the juror's stress and health concerns and the early stage of the trial, it is undesirable to have a reluctant or distressed juror; s 53B(a) and (b) of the Jury Act 1977 allows discharge. Continuing with only eleven jurors is undesirable, and the accused is entitled to a jury of twelve; therefore, the whole jury should be discharged and a fresh jury empanelled.

Jurisdiction
Australia
Judgment Date
12 June 2013
Procedural Posture
Criminal / Pre Trial, Jury Empanelment
Outcome
juror discharged; whole jury discharged; fresh jury to be empanelled
Legal Topics
['jury Discharge' 'jury Empanelment' 'trial Process']
['criminal Law' 'procedure'] ['jury Discharge' 'jury Empanelment' 'trial Process']

Case Brief

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Procedural Posture

Criminal / Pre Trial, Jury Empanelment

Legal Issues

  1. 1 ['Whether an individual juror should be discharged due to anxiety and health reasons' 'Whether the whole jury should be discharged and the trial restarted']

Ratio Decidendi

Given the juror's stress and health concerns and the early stage of the trial, it is undesirable to have a reluctant or distressed juror; s 53B(a) and (b) of the Jury Act 1977 allows discharge. Continuing with only eleven jurors is undesirable, and the accused is entitled to a jury of twelve; therefore, the whole jury should be discharged and a fresh jury empanelled.

Court Disposition

juror discharged; whole jury discharged; fresh jury to be empanelled

Orders

  • ['Pursuant to s 53B(a) and (b) of the Jury Act 1977, the juror in question is discharged.' 'The whole jury is discharged.']