Citation: R v Williams [2025] NSWSC 1001
Court: Supreme Court of NSW
Date: 2 September 2025
Judge(s): Lonergan J
Background
The accused stood trial in a matter estimated to run for six to eight weeks. To protect the integrity of a lengthy trial, 15 jurors had been empanelled rather than the standard 12. Only opening addresses had been delivered on the first day; no evidence had yet been called.
On the morning of the second day, Lonergan J received notes from three separate jurors each seeking to be excused. The reasons ranged from a full week of university exams in mid-September, to personal and health difficulties at home, to a letter from the juror's employer pressing for her release from jury service.
Both the Crown Prosecutor and defence counsel agreed that the three individual jurors should be discharged and, further, that the whole jury should then be discharged. The court proceeded to consider both steps.
Legal Issues
- Whether each of the three jurors should be discharged individually under s 53B(d) of the Jury Act 1977 (NSW).
- Whether, after losing three jurors, the whole jury should be discharged under s 53C(1)(a) of the Jury Act 1977 (NSW) on the basis that continuing posed a real risk of a substantial miscarriage of justice.
- Whether the letter from the employer of one juror may have breached the Jury Act 1977 (NSW) and warranted referral for investigation.
Decision
Issue 1: Discharge of the three individual jurors
Lonergan J accepted the submissions of both counsel that each of the three jurors should be discharged under s 53B(d) of the Jury Act 1977 (NSW). The university exam schedule, the personal and health difficulties, and the employer pressure each provided sufficient grounds (at [6]).
Issue 2: Discharge of the whole jury
After discharging the three jurors, the panel was reduced to exactly 12, the minimum required. With six to eight weeks of evidence still ahead, the court found that the risk of losing even one further juror was real and not merely theoretical (at [7]). The very purpose of empanelling 15 jurors was to protect the accused's right to be judged by 12 peers throughout the trial. Retaining a bare 12 from this point would expose the accused to a substantial miscarriage of justice if any further discharge occurred (at [8]). Lonergan J exercised the discretion under s 53C(1)(a) and discharged the entire jury (at [9]).
Issue 3: Employer letter
The court noted that the letter from the juror's employer appeared to be in potential breach of the Jury Act 1977 (NSW) and flagged that it may need to be referred to the Sheriff's Office for further investigation (at [4]).
Orders Made
- Under s 53B(d) of the Jury Act 1977 (NSW), the three jurors who provided notes marked MFI 5, MFI 6, and MFI 7 are discharged.
- Under s 53C(1)(a) of the Jury Act 1977 (NSW), the whole jury is discharged.
Key Takeaways
- Under s 53C(1)(a) of the Jury Act 1977 (NSW), a trial judge may discharge an entire jury where, after individual jurors are excused, the remaining panel is reduced to the bare minimum and a real risk exists that the accused will not ultimately be tried by 12 jurors.
- The purpose of empanelling a jury larger than 12 in a lengthy trial is specifically to buffer against attrition; where that buffer is entirely eliminated before evidence even begins, the rationale for discharging the whole jury is correspondingly strong.
- The court treated the consent of both the Crown and defence as a relevant consideration supporting the exercise of discretion, though the decision turned on the statutory test of substantial miscarriage of justice risk.
- A letter from an employer pressuring a juror to seek excusal may constitute a breach of the Jury Act 1977 (NSW) and is capable of being referred to the Sheriff's Office for investigation, separate from the question of whether the juror is individually discharged.
- Juror hardship reasons such as extended university examinations and personal or health difficulties at home were acknowledged by the court as legitimate grounds for individual discharge under s 53B(d).
Legislation and Cases Referenced
Legislation
- Jury Act 1977 (NSW)
Cases
- Not stated