There are a number of factors which can impact upon whether your case would be heard before a jury or by a Judge sitting alone.  Your case would need to be conducted differently before a jury than before a judge alone.

Our team of lawyers are experienced in both Jury and Judge trials, and understand the difference in appearing before a Judge only, where complex legal argument may be the key to victory, and appearing before a Jury, where the perception of what happened is often the most important aspect of a trial.

Call one of our experienced Criminal Law solicitors for free initial advice on your circumstances on (02) 9525 8688

The Law

Criminal Offences in NSW

Criminal proceedings in the Supreme Court or the District Court are usually heard before a jury, being 12 independent jurors randomly selected to be empanelled as part of the jury. If for any reason either the defence or the prosecution believes that someone on the jury will not be completely independent then they can be challenged and dismissed from the jury. Each party has a limit of 3 challenges for a 12 member jury.  Challenges can only be made before the juror is sworn in.
 

When there are twelve jurors and eleven of them are in agreement a majority verdict can be given. However under the act there must be at least eleven jurors for there to be a majority verdict and there must have also been the passing of a reasonable amount of time ( 8 hours) for there to be a chance at a majority verdict.
 

A person can elect to forfeit their right to a trial by jury and elect to have a stand alone judge in certain circumstances.  The Department of Public Prosecutions usually has to consent to this.
 

For further information call one of our experienced Criminal Law solicitors for some free initial telephone advice on (02) 9525 8688