I am being charged with fraud at the NSW Supreme Court. Who will be deciding the case? Is a jury obligatory? If so, what’s the point of having a judge?
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Answer by Robert Bailey, Adelaide 5000 SA
- Juries are only usually involved in criminal trials. Depending on the state or territory defendants in a criminal trial can elect to have their case decided either by a judge or by a jury. In NSW you can apply to have your case heard by a judge only.
- Note that in some civil cases in some states you can have a jury trial. Defamation cases can often be by jury.
- When a jury is selected the role of the jury will be to decide the case based on the evidence presented to it during the trial.
- The judge will preside over the trial and tell the jury everything it needs to know. This includes:
- what evidence the jury needs to take into account;
- what evidence is inadmissible and must be ignored; and
- an explanation of the laws to be applied in the case.
- The jury will then:
- decide the facts of the case to determine what happened;
- apply the law as the judge directs them; and
- finally deliver a verdict.