R v CN (No 4)

[2020] ACTSC 267

SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY

Case Title:

R v CN (No 4)

Citation:

[2020] ACTSC 267

Hearing Date:

23 March 2020

DecisionDate:

23 March 2020

Before:

Burns J

Decision:

See [3]

Catchwords:

CRIMINAL LAW – JURISDICTION, PRACTICE AND PROCEDURE – trial by jury – application to discharge jury – consideration of impact of government recommendations due to COVID-19 pandemic on jurors

Parties:

The Queen (Crown)

CN (Accused)

Representation:

Counsel

S Naidu (Crown)

S McLaughlin (Accused)

Solicitors

ACT Director of Public Prosecutions (Crown)

Legal Aid ACT (Accused)

File Numbers:

SCC 211 of 2018; SCC 215 of 2018

BURNS J:

1. I am given to understand that up until this point, we have attempted to maintain a separation of 1.5 metres between jurors. More recently I understand that the government recommendation in relation to social distancing due to the COVID-19 pandemic has been increased to 2 metres. It is going to be difficult, I think, to maintain a separation of 2 metres between members of the jury.

1. I am also very aware of the fact that you are not here of your own volition, that you are required by law to be here. I note also that we probably have at least another two days in this trial together with any further time that may be required for deliberation on your part.

1. I am going to take the decision to discharge you as a jury. I do not think that it is fair to require you to continue to serve as jurors under the current conditions. Accordingly, the accused will be retried at a later time. There is, of course, the fact that most of the evidence that you have seen or a great proportion of it has been pre-recorded so there won’t be a need for those witnesses to give evidence again. But I think in all of the circumstances, bearing in mind the very rapidly changing events that are occurring and the different recommendations that are being made, the appropriate course is to discharge you and we will have the accused retried at a later time. 

I certify that the preceding three [3] numbered paragraphs are a true copy of the Reasons for Judgment of his Honour Justice Burns.

Associate:

Date: