R v Duffy (No. 6) [2015] NSWSC 562

R v Duffy (No. 6) [2015] NSWSC 562

A single emotional reaction by a juror, without prior indications of incapacity, does not justify discharge of the juror or the whole jury; there is no demonstrated risk of substantial miscarriage of justice.

Jurisdiction
Australia
Judgment Date
14 May 2015
Procedural Posture
Criminal / Application to Discharge Jury During Trial
Outcome
Application to discharge jury refused
Legal Topics
['jury Discharge' 'procedural Ruling' 'juror Incapacity']
['criminal Law'] ['jury Discharge' 'procedural Ruling' 'juror Incapacity']

Case Brief

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Procedural Posture

Criminal / Application to Discharge Jury During Trial

Legal Issues

  1. 1 ["Whether the jury (or any juror) should be discharged due to a juror's emotional reaction during graphic evidence."]

Ratio Decidendi

A single emotional reaction by a juror, without prior indications of incapacity, does not justify discharge of the juror or the whole jury; there is no demonstrated risk of substantial miscarriage of justice.

Court Disposition

Application to discharge jury refused

Orders

  • ['Application to discharge the whole jury is refused']