R v Songcuan

[2022] NSWSC 1796

Supreme Court

New South Wales

Medium Neutral Citation:	R v Songcuan [2022] NSWSC 1796
Hearing dates:	7 and 8 November 2022
Date of orders:	8 November 2022
Decision date:	08 November 2022
Jurisdiction:	Common Law - Criminal
Before:	Campbell J
Decision:	Juror G is discharged for reasons of ill-health.
Catchwords:	CRIMINAL PROCEDURE – trial – jury – discharge of individual juror
Category:	Procedural rulings
Parties:	Rex (Crown) Engracio Songcuan (Accused)
Representation:	Counsel: A Robertson (Crown) B Royce (Counsel for the accused) Solicitors: Office of the Director of Public Prosecutions (Crown) Chidiac Lawyers (Accused)
File Number(s):	2020/131543

extempore Judgment (revised)

1. The transcript will record that one of the expanded jury of fourteen jurors became unwell overnight, and although I do not have any medical evidence, I am of the view that the court officer has received and relayed to me credible and reliable information from a close relative of the juror, that it is unlikely that the juror will be fit to continue jury service in the near future. In the circumstances, where I have an expanded jury and the estimate for the trial is, in the way of these things, relatively short, I am of the view that juror G should be discharged and excused from further service on this jury. My order is, juror G is discharged for reasons of ill-health.

2. I have also discussed with counsel briefly whether there is any question about whether I should discharge the whole jury, given the circumstances, that is to say, that I have discharged juror G solely for health reasons, and it is unlikely, from what I have been told, with the nature of the condition, that any other member of the jury is likely to be affected, I can see no good reason to discharge the balance of the expanded jury. That is to say, I cannot see any possibility whatsoever of any miscarriage of justice occurring by continuing with thirteen rather than fourteen, and I therefore will continue the trial with the expanded jury of thirteen.

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Decision last updated: 03 March 2023