R v Price; R v Rahim; R v Rizk; R v Taufahema (No 4)

I have been informed this morning by way of a medical certificate that a juror has become unwell and will be unfit between today, Monday 27 November, and Monday 4 December inclusive. We are at a point in the trial where the Crown case is almost finished. Today is 27 November and Christmas is approaching. We still have 14 jurors. All of the accuseds’ representatives are of the view that it is appropriate to discharge the juror. The Crown does not cavil with that view in the light of those applications made on behalf of the accused.

In all of the circumstances, I am of the view that I should discharge the juror under s 53B(a) of the Jury Act 1977 (NSW) and that juror is discharged.