District Court
New South Wales
Medium Neutral Citation: R v Jenkins; R v Clayton [2013] NSWDC 208 Decision date: 26 September 2013 Before: Marien SC DCJ Decision: The application to discharge the jury is refused.
Catchwords: CRIMINAL LAW - procedure - juries - application to discharge the jury - jury separation - jury separated without an order being made under s 54(1)(b) of the Jury Act 1977 - whether separation without an order is an irregularity going to the root of the trial process Legislation Cited: Jury Act 1977 Cases Cited: Maher v The Queen (1987) 163 CLR 221
R v Ketteridge [1915] 1 KB 467
R v Phan [2001] NSWCCA 29
R v Radju (2001) 53 NSWLR 471
Tennant v R [2006] NSWCCA 208
Wilde v The Queen (1988) 164 CLR 365Category: Procedural and other rulings Parties: Director of Public Prosecutions (Crown)
Christopher Jenkins (Accused)
Luke Clayton (Accused)Representation: Mr D Woodbury (Christopher Jenkins)
Ms D Hawkins (Luke Clayton)
Mr R Kimbell (ODPP)
File Number(s): 2012/00129210 2012/00129297
Judgment
HIS HONOUR: Yesterday at 11:25am the jury in the trial retired to commence its deliberations after a trial which has lasted some four weeks. During the course of the day yesterday I received no communication from the jury and accordingly at about 3:45pm I requested that arrangements be made for the court to be reconvened so that I could advise the jury that they could either sit on to deliberate or, if they wished, go home.
Evidence has been led this morning that I came onto the bench and first spoke at 4:02pm yesterday afternoon. The evidence from Sheriff's Officer Hart establishes that four seconds before I uttered a word on the bench the jury was recorded on CCTV exiting the Court from the Castlereagh Street exit. There is no issue, as we played back what I said when I came on the bench, and that was that I informed counsel that I proposed to tell the jury that they could either sit on deliberating or go home.
I asked the court officer who has been with this jury almost entirely for the four week trial to bring the jury to the courtroom. Some minutes later the court officer returned to the court to inform me that the jury had left. Enquiries revealed and evidence was called from another court officer this morning that when the court officer who has been with the jury for the trial had actually left the area where juries are accommodated in the jury rooms to come down to the Court for the purpose of me coming on the bench at 4pm that he saw a member of the jury come out of the jury room and request his phone. He said he believed it was a man and that the juror said words to the effect "We want our phones, we are ready to go or we can go now."
I accept that there was a misunderstanding by that court officer that…
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- Case
- [2013] NSWDC 208
- Decision Date
CaseChat Overview and Summary
The court considered the statutory framework provided by the Jury Act 1977 and relevant case law concerning the procedural requirements for jury separation. It found that while section 54(1)(b) of the Act specifies the conditions under which a jury may be separated, the failure to comply with this provision does not necessarily render the trial process invalid unless the irregularity has a substantial impact on the fairness of the trial. The court assessed whether the separation without an order had prejudiced the defendants' right to a fair trial and concluded that there was no evidence to suggest that the separation had any such impact. The court held that the irregularity did not go to the root of the trial process and did not warrant the discharge of the jury.
Accordingly, the court refused the application to discharge the jury. The defendants' argument that the separation without an order constituted a fundamental procedural defect was rejected, as the court found no substantial prejudice to the trial's fairness. The trial proceeded as scheduled, with the jury continuing to deliberate on the charges against the defendants. The court's decision underscored the importance of adhering to statutory procedures but also recognised that not all procedural deviations automatically invalidate a trial.
Orders
Orders of the court
The application to discharge the jury is refused.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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