R v Fakhreddine (No. 5) [2024] NSWSC 1218

R v Fakhreddine (No. 5) [2024] NSWSC 1218

Juror E was discharged because her illness and observed behaviour, including dozing and tardiness, gave rise to an inability to discharge her duties as juror, warranting her removal under s 53B of the Jury Act 1977 (NSW). The trial would continue with the remaining 13 jurors as there was no risk of miscarriage of justice.

Parties
Crown: Rex; Accused: Naji Fakhreddine
Jurisdiction
Australia
Judgment Date
24 September 2024
Procedural Posture
Criminal / During Trial, Interlocutory Application for Discharge of Juror
Outcome
Juror E discharged and trial to continue with 13 jurors.
Legal Topics
Discharge of Juror, Murder Trial, Jury Management
Criminal Law Discharge of Juror Murder Trial Jury Management

Case Brief

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Parties

Rex

Crown

Naji Fakhreddine

Accused

Procedural Posture

Criminal / During Trial, Interlocutory Application for Discharge of Juror

Legal Issues

  1. 1 Whether Juror E should be discharged for being unwell and unable to perform duties

Ratio Decidendi

Juror E was discharged because her illness and observed behaviour, including dozing and tardiness, gave rise to an inability to discharge her duties as juror, warranting her removal under s 53B of the Jury Act 1977 (NSW). The trial would continue with the remaining 13 jurors as there was no risk of miscarriage of justice.

Court Disposition

Juror E discharged and trial to continue with 13 jurors.

Orders

  • Pursuant to 53B of the Jury Act 1977 (NSW), Juror E is discharged.
  • Pursuant to s 53C(1)(b) of the Jury Act 1977 (NSW), the trial is to continue with a reduced number of jurors, namely, 13 jurors.