R v Villalon [No. 2] [2013] NSWSC 1568

R v Villalon [No. 2] [2013] NSWSC 1568

The juror's prior employment and knowledge of court procedures does not provide a proper basis to conclude she will fail to follow directions, act irrationally, or otherwise act contrary to her oath. There is no evidence the juror possesses knowledge relevant to the proceedings, and she did not seek to be excused. Consequently, the application to discharge the jury is refused.

Jurisdiction
Australia
Judgment Date
22 October 2013
Procedural Posture
Criminal Trial / Application to Discharge Jury
Outcome
application refused
Legal Topics
['jury Discharge' 'juror Impartiality' 'court Procedures']
['criminal Law'] ['jury Discharge' 'juror Impartiality' 'court Procedures']

Case Brief

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Procedural Posture

Criminal Trial / Application to Discharge Jury

Legal Issues

  1. 1 ["Whether the jury should be discharged due to a juror's prior employment as a court reporter"]

Ratio Decidendi

The juror's prior employment and knowledge of court procedures does not provide a proper basis to conclude she will fail to follow directions, act irrationally, or otherwise act contrary to her oath. There is no evidence the juror possesses knowledge relevant to the proceedings, and she did not seek to be excused. Consequently, the application to discharge the jury is refused.

Court Disposition

application refused

Orders

  • ['The application to discharge the jury is refused.']