New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Juries act 1981 s22

  • 3 Sept 2021

    ATONE IULIANO v R [2021] NZCA 432

    Citation
    [2021] NZCA 432
    Court
    Court of Appeal

    The judge did not err in discharging the foreperson under s22 because she was incapable of performing her duties while awaiting a COVID-19 test result and the judge properly exercised discretion in the interests of justice to proceed with the remaining ten jurors; the refusal to permit limited cross-examination on the social worker's note was an error of evidence rulings but was harmless beyond reasonable doubt; allowing the brother to state he came to believe the complainant was admissible and properly directed by the judge; appeal dismissed.

  • 19 Mar 2020

    R v EKEROMA and FATU [2020] NZHC 565

    Citation
    [2020] NZHC 565
    Court
    High Court

    The application to discharge the jury was dismissed because there was insufficient evidence that the COVID-19 situation had the requisite immediacy and impact to constitute the statutory 'emergency' justifying discharge, and the Chief Justice's advisory suspension of new jury trials did not, of itself, justify revisiting the earlier decision to refuse discharge; absent direct evidence of juror incapacity to adhere to oath or immediate risk, minimal interference with an ongoing jury was required.