R v Martin (No 2) [2017] NSWSC 1250

Supreme Court New South Wales

Medium Neutral Citation: R v Martin (No 2) [2017] NSWSC 1250 Hearing dates: 6 September 2017 Date of orders: 06 September 2017 Decision date: 06 September 2017 Jurisdiction: Common Law Before: Hamill J Decision: (1) Order that juror 395-90 be discharged. (2) Order that the trial to continue with the remaining eleven jurors. Catchwords: CRIMINAL LAW – discretionary discharge of individual juror – where juror unable to perform functions of juror due to distraction as a result of family medical issues – whether trial should continue with eleven remaining jurors – relevant considerations – where accused "unequivocally" wishes trial to continue – whether risk of substantial miscarriage of justice Legislation Cited: Jury Act 1977 (NSW) Cases Cited: Wu v The Queen (1999) 199 CLR 99; [1999] HCA 52 Category: Procedural and other rulings Parties: Regina (Crown) Michael Phillip Martin Representation: Counsel: Mr B G Campbell (Crown) Mr G D Wendler (M P Martin)

Solicitors: Director of Public Prosecutions (Crown) Stuart Percy & Associates (M P Martin) File Number(s): 2015/00078236; 2015/00120687 Publication restriction: No publication until conclusion of trial

Judgment 1. On Wednesday 6 September 2017, the third day of what was estimated to be a six week trial for attempted murder, infliction of grievous bodily harm and murder, I made an order discharging a juror pursuant to s 53B of the Jury Act 1977 (NSW) and an order under s 53C of that Act that the trial would continue with 11 jurors. These are my reasons for those decisions.