NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Nancarrow (No 1) [2022] NSWSC 243 Hearing dates: 4 March 2022 Date of orders: 4 March 2022 Decision date: 04 March 2022 Jurisdiction: Common Law - Criminal Before: Hamill J Decision: (1) Juror number 578-8 02937677 is discharged. (2) Trial to continue with a reduced number of jurors. (3) Trial adjourned until Monday 7 March 2022. Catchwords: CRIMINAL LAW – trial conducted during pandemic – whether individual juror should be discharged – where juror positive for COVID-19 – "juror's ability to perform the functions of a juror" – definition of "diagnosed person" – Public Health Orders – whether continuing trial with 11 jurors likely to cause substantial miscarriage – magic – "historical, superstitious, commercial and religious usages of the number twelve" – proper exercise of discretion Legislation Cited: Jury Act 1977 (NSW) ss 53B, 53C Public Health (COVID-19 Self-Isolation) Order 2022 (NSW) Cases Cited: R v Brownlee (1997) 41 NSWLR 139 R v Martin (No 2) [2017] NSWSC 1250 R v Qaumi & Ors (No 36) [2016] NSWSC 718 Wu v The Queen (1999) 199 CLR 99; [1999] HCA 52 Category: Procedural rulings Parties: Regina Shane Nancarrow Representation: Counsel: J Stanhope (Regina) B Neild (Nancarrow)
Solicitors: Solicitor for Public Prosecutions (NSW) (Regina) Legal Aid (NSW) (Nancarrow) File Number(s): 2019/242866 Publication restriction: Nil.
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