R v Ronald Edward Medich (No. 27)

Case

[2018] NSWSC 16

29 January 2018


Details
AGLC Case Decision Date
R v Ronald Edward Medich (No. 27) [2018] NSWSC 16 [2018] NSWSC 16 29 January 2018

CaseChat Overview and Summary

In this case, Ronald Edward Medich applied for a jury of 15 to be selected for his trial. The nature of the dispute was whether the trial would likely proceed for more than three months, thereby justifying a jury of 15. The matter was heard in the Supreme Court of South Australia. The court was required to determine whether the evidence presented by Medich was sufficient to satisfy the court that it was likely that the trial would proceed for more than three months.

The court examined the evidence provided by Medich and considered the nature and complexity of the charges against him, as well as the number of witnesses and the volume of evidence to be presented. The court found that while the trial might be lengthy, it was not likely to exceed three months. The court held that the term "likely" required a high degree of probability and that the evidence presented did not reach the threshold necessary to justify a jury of 15. Consequently, the application was refused.

The court's reasoning was based on a detailed analysis of the evidence and an assessment of the likelihood of the trial exceeding three months. The court found that while the trial might take some time, there was insufficient evidence to demonstrate that it would likely exceed the three-month period. The court also emphasised the importance of ensuring that the term "likely" was interpreted in a manner that reflected a high probability. Therefore, the court determined that the application should be dismissed.

The final orders of the court were that the application to select a jury of 15 persons was refused. The court's decision was based on the evidence provided and the interpretation of the term "likely" in the context of the trial's duration. The court's refusal of the application meant that the trial would proceed with a jury of 12 persons, as is standard in South Australia.
Details

Areas of Law

  • Criminal Law

Legal Concepts

  • Appeal

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Cases Citing This Decision

2

Youi Pty Limited v Bacopanos [2025] NSWPIC 549
Youi Pty Limited v Bacopanos [2025] NSWPIC 549
Cases Cited

0

Statutory Material Cited

1