R v Hawi & ors (No 8) [2011] NSWSC 1654

R v Hawi & ors (No 8) [2011] NSWSC 1654

Because the estimated trial length was four to five months, with a possibility of extending to six months, the trial fell within s 19(3); selection of additional jurors was appropriate to guard against unforeseen loss of jurors before verdicts; and the courtroom and jury room facilities were appropriate, so three additional jurors should be selected under s 19(2).

Jurisdiction
Australia
Judgment Date
23 May 2011
Procedural Posture
Criminal Proceedings in the Supreme Court to Be Tried by Jury / Procedural Ruling on Selection of Additional Jurors Before Jury Selection
Outcome
Three additional jurors be selected
Legal Topics
['striking and Empanelling a Jury' 'selection of Additional Jurors' 'long Criminal Trial']
['criminal Law' 'criminal Procedure' 'jury Law'] ['striking and Empanelling a Jury' 'selection of Additional Jurors' 'long Criminal Trial']

Case Brief

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Procedural Posture

Criminal Proceedings in the Supreme Court to Be Tried by Jury / Procedural Ruling on Selection of Additional Jurors Before Jury Selection

Legal Issues

  1. 1 ['Whether the trial was of a kind permitting an order for additional jurors under s 19(2) and s 19(3) of the Jury Act 1977.' 'Whether selecting additional jurors was appropriate to ensure sufficient jurors would remain when the jury was required to consider its verdicts.' 'Whether appropriate facilities were available to accommodate additional jurors.']

Ratio Decidendi

Because the estimated trial length was four to five months, with a possibility of extending to six months, the trial fell within s 19(3); selection of additional jurors was appropriate to guard against unforeseen loss of jurors before verdicts; and the courtroom and jury room facilities were appropriate, so three additional jurors should be selected under s 19(2).

Court Disposition

Three additional jurors be selected

Orders

  • ['Pursuant to section 19(2), three additional jurors be selected for the jury in this trial.']