R v Al Batat & Ors (No 32) [2020] NSWSC 1557

R v Al Batat & Ors (No 32) [2020] NSWSC 1557

The juror had been observed asleep on at least four occasions during important parts of the trial, including cross-examination of police investigators and the prosecutor's address. That inability to remain awake affected the juror's ability to perform the functions of a juror within s 53B(d). Examination of the juror was not appropriate because the judge's own observations were sufficient and questioning would invade privacy and embarrass the juror. Discharge was appropriate, and because the expanded jury of 15 would be reduced only to 14 near the end of the trial, continuation with a reduced jury did not create a risk of substantial miscarriage of justice.

Jurisdiction
Australia
Judgment Date
03 November 2020
Procedural Posture
Criminal Jury Trial / Procedural Ruling on Application to Discharge an Individual Juror and Continue With a Reduced Jury
Outcome
Application granted; juror discharged and trial ordered to continue with 14 jurors.
Legal Topics
['somnolence' 'discretionary Discharge of Individual Juror' 'sleeping Juror' 'reduced Jury' 'miscarriage of Justice']
['criminal Law' 'jury Procedure'] ['somnolence' 'discretionary Discharge of Individual Juror' 'sleeping Juror' 'reduced Jury' 'miscarriage of Justice']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Criminal Jury Trial / Procedural Ruling on Application to Discharge an Individual Juror and Continue With a Reduced Jury

Legal Issues

  1. 1 ["Whether juror number 9 should be discharged under s 53B(d) of the Jury Act 1977 (NSW) because somnolence affected the juror's ability to perform the functions of a juror." 'Whether the juror should be examined or the situation monitored further before discharge.' 'Whether the trial should continue with a reduced number of jurors under s 53C(1)(b) of the Jury Act 1977 (NSW).']

Ratio Decidendi

The juror had been observed asleep on at least four occasions during important parts of the trial, including cross-examination of police investigators and the prosecutor's address. That inability to remain awake affected the juror's ability to perform the functions of a juror within s 53B(d). Examination of the juror was not appropriate because the judge's own observations were sufficient and questioning would invade privacy and embarrass the juror. Discharge was appropriate, and because the expanded jury of 15 would be reduced only to 14 near the end of the trial, continuation with a reduced jury did not create a risk of substantial miscarriage of justice.

Court Disposition

Application granted; juror discharged and trial ordered to continue with 14 jurors.

Orders

  • ['Pursuant to s 53B(d) of the Jury Act 1977 (NSW), juror number 9 from call number 707 at the Downing Centre, Sydney, is discharged.' 'Pursuant to s 53C(1)(b) of the Jury Act 1977 (NSW) the trial is to continue with a reduced number of jurors, namely 14 jurors.']