R v Petroulias (No 17) [2007] NSWSC 499

New South Wales Supreme Court

CITATION : R v Petroulias (No 17) [2007] NSWSC 499

HEARING DATE(S) : 9 May 2007

JUDGMENT DATE : 10 May 2007

JUDGMENT OF : Johnson J at 1

DECISION : 1. The juror described as the absent juror is discharged, under s.22(a) Jury Act 1977; 2. Under s.22(a) Jury Act 1977, the remaining eleven jurors be considered as remaining, for all purposes of the trial, to be properly constituted as the jury; 3. Until further order of the Court, an order is made prohibiting publication of the matters revealed in the course of these proceedings on 8, 9 and 10 May 2007 concerning the absent juror, the reasons for his absence from this trial and the reasons for my order discharging him under s.22(a) Jury Act 1977.

CATCHWORDS : CRIMINAL LAW - trial by jury for offences against the law of the Commonwealth - trial commences with jury including a person disqualified from serving as a juror - discovery of this fact during trial - whether person may be discharged and trial continue with a jury of eleven under s.22 Jury Act 1977 - held that power to discharge juror and continue trial under s.22 was available and ought be exercised

Jury Act 1977 LEGISLATION CITED : Crimes Act 1914 (Cth) Juries Act 1974 (UK) Evidence Act 1995

R v Petroulias (No 1) [2006] NSWSC 788 Wu v The Queen [1999] 199 CLR 99 Brownlee v The Queen [2001] 207 CLR 278 Maher v The Queen [1987] 163 CLR 221 R v Brown & Tran (2004) 148 A Crim R 268 Swansson v R [2007] NSWCCA 67 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 CASES CITED : Brown v The Queen [1985-1986] 160 CLR 171 Cheatle v The Queen [1993] 177 CLR 541 Ng v The Queen [2003] 217 CLR 521 Williams v Florida (1970) 399 US 78 Katsuno v The Queen [1999] 199 CLR 40 R v Halmi (2005) 62 NSWLR 263 R v Janceski (2005) 64 NSWLR 10 R v Ronen [2004] NSWCCA 176