Complex Trial Allowed to Continue with 10 Jurors
📌 In brief
In a landmark decision, the NSW Supreme Court allowed a complex trial to continue with just 10 jurors instead of the usual 12. The court recognised the trial's length and complexity as exceptional circumstances, making it a unique case in legal history.
⚖️ Legal holding
In exceptional circumstances, a trial can continue with fewer than 12 jurors.
📚 Full judgment
The summary, holding and questions above are VadeLab’s own material. The official decision itself is published by the court, and we do not reproduce it on this page.
📄 Read the full judgment⚖️ View on the official court website ↗
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The Crown applied for the trial to continue, and the accused's lawyers agreed.
- The trial had been ongoing for nearly nine months, much longer than the initial four-month estimate.
- The factual and accounting issues in the trial were very complex, requiring significant effort from the jury.
- The trial was expected to conclude within about a week, meaning it was almost finished.
- Restarting the trial would cause inordinate expense for the community and the accused.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What was the dispute about?
The dispute was about whether the trial could continue with fewer than 12 jurors due to its length and complexity.
How did the court decide, and why?
The court decided to allow the trial to continue with 10 jurors because of the trial's exceptional length and complexity.
Which laws or rules were applied?
The Jury Act s 22 was applied, which deals with the discharge of jurors and the continuation of trials with fewer than 12 jurors.
What was the argument that mattered most?
The argument that mattered most was that the trial was exceptionally complex and lengthy, warranting the continuation with fewer jurors.
Was the decision for or against the person who brought the case?
The decision was for the person who brought the case, allowing the trial to continue with 10 jurors.
What does this mean for someone in a similar situation?
This means that in extremely complex and lengthy trials, courts may allow the trial to continue with fewer than 12 jurors.
What evidence or documents mattered?
The judgment does not specify the exact evidence or documents that mattered in this decision.