R v Sun [2021] NSWDC 574

District Court New South Wales

Medium Neutral Citation: R v Sun [2021] NSWDC 574 Date of orders: 12 March 2021 Decision date: 12 March 2021 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: In the exercise of the discretion given by s 53B(c) Jury Act 1977 for the discharge of three jurors from the empanelled expanded jury, There shall be a ballot for a jury of 12, by (a) Placing in the ballot box provided for that purpose, the cards provided under s 28(3) Jury Act 1977 for all of the members of the expanded jury, and (b) Drawing out of that box those cards, one after another, and calling out the identification numbers on those cards, until 12 persons are selected Catchwords: CRIMINAL PROCEDURE — Trial — Jury — Discharge of jurors Legislation Cited: Criminal Appeal Act 1912 Jury Act 1977 Public Health Act 2010 Public Health (COVID‑19 Restrictions on Gathering and Movement) Order 2021 Cases Cited: Barber v The Queen; Zraika v The Queen [2016] NSWCCA 125 R v Lamb; R v Mason; R v Hill [2016] NSWCCA 135 Category: Principal judgment Parties: Regina (Crown) Young Hoon Sun (accused) Representation: Kay Marinos (Crown Prosecutor) Mahmoud Mando (Counsel for the accused)

Director of Public Prosecutions (NSW) (Crown) Mitry Lawyers (solicitors for the accused) File Number(s): 2018/00294866

REVISED EX TEMPORE JudgEment 1. Yesterday, at lunchtime, it was brought to my attention by the people responsible for managing the juries, notwithstanding that nothing had been said to gainsay the selection of 15 jurors upon the anticipated length of the trial, and that the whole process undertaken was facilitated, that someone brought to the attention of someone else that the jury room has a square meterage which does not allow for more than 12 people to occupy that space. 2. I sought inquiries for solutions about other locations where the jury could be held when not in the courtroom, and ultimately was told that the jury rooms are identical floor to floor, and all of the same dimensions, obviously, designed before the COVID‑19 pandemic. 3. It was thought perhaps using a courtroom that was not being occupied as a jury room would be an option, since it would clearly be big enough, but we do not have that facility due to the number of trials that are running, the number of judges deployed here, and the fact the Sydney registry is sending other work out here. Plus a Supreme Court trial is coming to begin here shortly. So that option was not available.