R v Songcuan

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.

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.