Citation: R v Martin (No 3) [2024] NSWSC 970
Court: Supreme Court of New South Wales
Date: 29 July 2024
Judge(s): Chen J
Background
The accused stood trial for murder allegedly committed on 3 February 2022. The trial commenced on 15 July 2024 and, by the time of this judgment, the evidence had concluded and closing addresses were about to begin.
During the trial, one male juror had raised concerns as early as 22 July 2024 about the length of the proceedings, noting he had personal commitments if the trial extended beyond its fourth week. At that stage, the juror indicated he did not wish to be discharged, and the court reassured the jury that the trial was tracking within the estimate provided by the Crown.
On 26 July 2024, the same juror contacted the sheriff's officer again. His note went considerably further this time: he requested "no further engagement" with the trial, indicated he intended to absent himself on the Monday, and asked to be recorded as sick.
Legal Issues
- Whether the individual juror should be discharged under s 53B of the Jury Act 1977 (NSW)
- Whether, following any individual discharge, the whole jury should also be discharged under s 53C of the Jury Act 1977 (NSW)
Decision
Chen J found that discharge of the individual juror was warranted under two grounds in s 53B of the Jury Act 1977 (NSW). First, under s 53B(c), the juror had in substance refused to continue participating in the trial. Second, under s 53B(d), the juror's ability to perform his functions was substantially affected by his unwillingness to continue and his concerns about the trial's duration.
Both the Crown and the defence supported the discharge of the individual juror, and neither party contended that the circumstances required the whole jury to be discharged under s 53C. Chen J accepted that position and ordered the trial to continue with the remaining jurors.
The court noted, as a factual matter, that the trial was proceeding well within the timeframe counsel had estimated. The juror's concerns about delay were therefore not objectively supported by the progress of the proceedings.
Orders Made
- Juror number 290-1 discharged pursuant to s 53B of the Jury Act 1977 (NSW)
- The sheriff directed to inform that juror of the order forthwith
- The trial to continue with the remaining members of the jury pursuant to s 53C of the Jury Act 1977 (NSW)
Key Takeaways
- Under s 53B of the Jury Act 1977 (NSW), a juror may be discharged where they have effectively refused to continue participating in a trial or where their ability to perform juror functions is substantially compromised.
- A juror's written communication requesting "no further engagement" and indicating an intention to absent themselves constituted, in substance, a refusal to take further part in the trial for the purposes of s 53B(c).
- Discharge of an individual juror does not automatically require discharge of the whole jury under s 53C; the trial may continue with the remaining jurors where no separate basis for a full jury discharge is established.
- The Supreme Court proceeded on the agreed position of both the Crown and defence, reflecting that s 53C applications require distinct grounds beyond the circumstances justifying an individual juror's discharge.
- A juror's subjective concern about trial length does not, of itself, establish grounds for discharge where the trial is objectively proceeding within the estimate provided to the parties.
Legislation and Cases Referenced
Legislation:
- Jury Act 1977 (NSW), ss 53B(c), 53B(d), 53C
Cases cited: None cited in the judgment.