Refusal of Application to Discharge Jury in Criminal Trial

Supreme Court of New South Wales

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📜 Headnote Official document

The court refused an application to discharge the jury in a criminal trial, considering the advanced stage of the proceedings and the availability of experienced counsel for the accused.

📚 Full judgment Official document

Supreme Court New South Wales

Medium Neutral Citation: R v [NAME] (No 3) [2015] NSWSC 460 Hearing dates: 26 March 2015 Date of orders: 26 March 2015 Decision date: 26 March 2015 Jurisdiction: Common Law Before: Wilson J Decision: Application to discharge jury refused Catchwords: CRIMINAL LAW – application to discharge jury Category: Procedural and other rulings Parties: [NAME]: Counsel: [redacted] [NAME] (Accused)

Solicitors: [redacted] [NAME] (Accused) File Number(s): 2013/104881 Publication restriction: None

EX TEMPORE Judgment 1. HER HONOUR: In terms of the application to discharge the jury, just I suppose for the record, the considerations that I have, the advanced stage that the trial has reached, it is day 11, all of the most significant evidence has been given. There were quite considerable delays in getting some of the evidence before the Court and at least in part, I apprehend that that is because some of the witnesses were less than willing to come to court and give their evidence in answer to their subpoena. That is one of the features that I take into consideration when having regard to the determination of the application to discharge the jury.

2. The interests of the accused are of course a significant consideration, but it seems to me, particularly since he has the advantage of very experienced counsel coming into the matter to assist him that there is every likelihood can be ready to proceed within a reasonably short and an acceptably short period and that it seems to me is the preferable approach.

3. It is always in the interests of everyone to bring these matters to finalisation as quickly as can reasonably and justly be done, so, on that basis I refuse the application for a discharge of jury.

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