R v Dunbar (No 9)

Last Thursday the Court received a note from Juror [REDACTED] that she wanted to have access to her phone because her pet was seriously unwell and was under the care of a specialist vet. I agreed to that request for her to have access to her phone during the day.

A short time after the luncheon adjournment, when the Court was hearing from a Crown witness, Juror [REDACTED] interrupted proceedings to say that she felt violently ill and I allowed her to rapidly leave the courtroom. She came back a short time later and said that she was okay and fine to proceed, and that the issue was an emotional one not a medical one, or words to that effect.

On Friday of last week, which was a half-day in terms of evidence, the juror did not attend and the Court could not take evidence. This morning I was informed that the juror was not going to come in and had indicated that she was not able to sit further on this trial. A request was made via the court officer to contact the juror and ask her to provide something to the Court in writing.

She has now provided a one-page letter to the Court, together with some veterinary bills, as well as a veterinary letter. This indicates that she has a very ill pet and that she needs to be able to now be at home to continue to look after that pet. Until now that pet has been able to be in boarding, but the condition of the pet is now such that the pet is not able to be in boarding and has to be at home. She has no no-one else to care for the pet other than herself.

In the circumstances I am of the view that this means that the juror is unable to continue to perform her functions pursuant to s 53B(d) of the Jury Act 1977 (NSW) and I discharge that juror from jury service.

I then turn to s 53C of the Jury Act. I have had no submissions made to me that to continue with the trial with the remaining jurors would give rise to the risk of substantial miscarriage of justice. I am of the opinion pursuant to s 53C(1)(b) of the Jury Act that there is no such risk and I order that the trial continue.

I note in reference to s 22 of the Jury Act that we still have 12 jurors. The trial can continue with 12 jurors.