R v Holmes (No 2)

[2020] NSWSC 136

Supreme Court

New South Wales

• Amendment notes

Medium Neutral Citation:	R v Holmes (No 2) [2020] NSWSC 136
Hearing dates:	3, 4, 5 February 2020
Date of orders:	05 February 2020
Decision date:	05 February 2020
Jurisdiction:	Common Law
Before:	Campbell J
Decision:	(1)     Grant a certificate to the accused under the provisions of s 6A Suitors Fund Act 1951 NSW.  (2)    Direct the solicitor for the accused to bring in a certificate in proper form for engrossment by the Court.
Catchwords:	CRIMINAL PROCEDURE – discharge of jury – suitors fund certificate
Category:	Procedural rulings
Parties:	Regina (Crown) S. Holmes (Accused)
Representation:	Counsel: L Carr (Crown) P Krisenthal (Accused)     Solicitors: Office of the Director of Public Prosecutions (Crown) J.A. Solicitors (Accused)
File Number(s):	2018/200129

Judgment

1. HIS HONOUR: I have just discharged the jury for reasons I expressed which were, in short, first, the apprehended bias of an individual juror and, secondly, the potentiality for that juror to have infected the other jurors and, I suppose, thirdly, having regard to the consideration that as we are early in the trial, I thought it proper that the trial recommence with a jury of twelve. I am informed that a fresh panel will be available on Monday.

2. Mr Krisenthal of counsel has sought a certificate under s 6A(1) of the Suitors Fund Act 1951 NSW; para (c) is the relevant provision. From the explanation I have given, it will be obvious that the discharge of the jury has not resulted from any disagreement amongst the jurors or any neglect or default of the accused, his solicitor or his counsel.

3. I will then grant a certificate, in accordance with subpar (ii) of par (c), stating the reason why the proceedings were discontinued and a new trial ordered and that that reason was not attributable in any way to disagreement on the part of the jury or to the act, neglect or default of the accused or the accused’s counsel or attorney.

4. I will direct Mr Anthony, the solicitor for the accused, to bring in a draft of the certificate in the appropriate form and I will sign it and cause the seal of the Court be affixed to it as necessary.

5. My orders are:

(1)     Grant a certificate to the accused under the provisions of s 6A Suitors Fund Act 1951 NSW.

(2)    Direct the solicitor for the accused to bring in a certificate in proper form for engrossment by the Court.

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Amendments

19 February 2021 - Publication restriction lifted

Decision last updated: 19 February 2021