R v Steven Ray HUGHES [2008] NSWDC 359

New South Wales District Court

CITATION: R v Steven Ray HUGHES [2008] NSWDC 359

JUDGMENT DATE: 12 June 2008

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Cogswell SC DCJ

DECISION: The application is refused.

CATCHWORDS: CRIMINAL LAW - jury trial - application to discharge jury - argument that juror is not undertaking duties responsibly - delays due to jurors' sickness, medical appointments and holidays

PARTIES: Regina Steven Ray Hughes

FILE NUMBER(S): 2007/15013

COUNSEL: Mr Moberley Mr Buckman

SOLICITORS: Director of Public Prosecutions

JUDGMENT

1. Mr Buckman who appears for the accused has applied to discharge the jury. The issue raised by his application is whether an application by a juror to be excused for two days earlier this week for a holiday indicates an attitude by that juror that he or she is not undertaking their duties responsibly. A secondary issue is whether if such an attitude existed it has infected the other jurors.

2. This trial commenced on Monday 26 May 2008. The jury was told that the trial may run into a second week, that is the week commencing Monday 2 June 2008. On the second day of the trial, namely 27 May, a juror was sick and we lost the whole day. On the fifth day of the trial, namely Friday 30 May, I had sentence matters which were essential to attend to because they had been not reached previously. We lost half a day. We went into the second week. On the Wednesday of the second week, namely 4 June, a juror had a medical appointment and the result of that was that we lost a whole day.

3. On Thursday 5 June I sent the jury out to consider its verdict. It returned on Friday 6 June with various questions. One series of questions indicated that there was the possibility of deadlock and asked for assistance. Another note, MFI 31, which was brought to my attention late on Friday 6 June indicated the jury would sit to 4 o'clock on Friday to try to reach a decision but one of the jurors had to leave at four. It further indicated that Tuesday and Wednesday of the following week, that is the Tuesday and Wednesday of this week, one of the jurors has a holiday booked.