R v Bentley; R v Davies; R v Thomas; R v Tilley

The defendants in this case were prosecuted for separate criminal charges. Bentley was charged with assault occasioning actual bodily harm, while Davies, Thomas, and Tilley were charged with various drug-related offences. The case was heard in the Supreme Court of Victoria, where the issue of the discharge of a juror due to illness or incapacity arose. The defendants sought the discharge of individual jurors who had become ill or incapacitated, arguing that their inability to continue serving would likely prevent them from delivering a verdict before the trial concluded.

The court was required to determine whether a juror could be discharged due to illness or incapacity, and if so, under what circumstances. The court considered the statutory provisions and common law principles applicable to the discharge of jurors. The defendants argued that if a juror was likely to become unable to serve before the jury delivered their verdict, they should be discharged. The prosecution contended that the court should only discharge a juror if it was absolutely necessary for the fair administration of justice.

The court held that a juror could be discharged if they had become so ill or incapacitated as to be likely to become unable to serve as a juror before the jury delivered their verdict. The court emphasised that the decision to discharge a juror should be made with careful consideration of the circumstances and the potential impact on the trial's fairness. The court found that in this case, the jurors in question were not so ill or incapacitated as to warrant their discharge, and therefore, the application was dismissed.

The court's decision was that the applications for the discharge of the jurors were dismissed. The trial proceeded with the remaining jurors, and the defendants were convicted of their respective charges. The court's ruling provides guidance to practitioners on the criteria for discharging a juror due to illness or incapacity, and the importance of considering the fairness of the trial in making such decisions.