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Decisions of the Superior Courts of New South Wales, 1788-1899

Hingarty v. Sinclair [1847] NSWSupC 30

jury trial

Supreme Court of New South Wales

Full Court , 7 December 1847

Source: Sydney Morning Herald, 8 December 1847, in Supreme Court Collection, Vol. 2, p. 36

Before the Full Court.


The following decision ought to have appeared in yesterday's impression; it was this:-

Mr. MICHIE, on behalf of the defendant, moved, that this cause, which had already been tried at the last Goulburn Assizes, be tried before a jury of twelve common jurymen.

The ATTORNEY-GENERAL opposed the motion, on the ground that the case had already been once tried before a jury of four, chosen from the class of special jurymen, and the defendant having made his election once, or rather having allowed the time to elapse wherein to make it, it was not for him now to quarrel with the class or number of jurymen who had tried, and who ought now to try the cause.

His Honor the CHIEF JUSTICE, after throwing out a suggestion as to the feasibility of trying the cause before a jury of twelve, half special and half common jurymen. Upon further consideration His Honor intimated that the Court were of opinion that this application was too late; to have had any chance of success, it ought to have been made earlier. The defendant has taken the chance of a verdict at the hands of a jury of four, and failing there, seeks to change his tribunal. Had the application been made concurrent with the motion for a new trial, or immediately after the new trial was allowed, it might have been made a condition to be embodied in the rule authorising the new trial.

Motion refused; costs to be costs in the cause.


Published by the Division of Law, Macquarie University