Regina v Ronen

The case of Regina v Ronen was heard in the Supreme Court of Victoria. The accused, Ronen, was on trial for a serious criminal offence. During the course of the trial, one of the jurors was discharged due to illness. This led to a dispute as to whether the trial should proceed with the remaining jurors or be halted. The court was tasked with determining whether the trial could continue with less than twelve jurors, in accordance with the provisions of section 22 of the Jury Act.

The central legal issue was whether the trial could lawfully continue with eleven jurors, given that section 22 of the Jury Act stipulates that a trial cannot proceed if the number of jurors is less than twelve, unless the jury has reached a verdict or the court discharges the jury. The court had to consider whether the discharge of the juror due to illness constituted a situation in which the trial could still continue under the Act.

The Supreme Court of Victoria held that the trial could continue with eleven jurors. The court reasoned that section 22 of the Jury Act permits the continuation of a trial with less than twelve jurors if the discharged juror's absence is due to illness or other unavoidable cause. The court found that the juror's illness met this criterion, and thus, the trial could proceed. The court further noted that the presence of eleven jurors, rather than twelve, did not undermine the integrity or fairness of the trial. The court determined that the trial should continue, as the discharged juror's absence was not of Ronen's making and the trial could still proceed lawfully.

The final orders of the court were that the trial would proceed with the eleven remaining jurors. The court directed that all legal proceedings would continue as scheduled, with the understanding that any verdict reached by the jury would be valid despite the reduced number of jurors. The court emphasised that the decision to continue the trial was made in accordance with the statutory provisions and was in the interest of justice.