R v Chalabian (No. 10) [2022] NSWSC 316

R v Chalabian (No. 10) [2022] NSWSC 316

The juror is required to self-isolate due to a household member testing positive for COVID-19 and is not a 'critical worker' exempt under relevant public health orders. The juror cannot perform the functions required and must be discharged under s.53B(d) Jury Act 1977. The trial can proceed with 12 jurors as per s.53C.

Jurisdiction
Australia
Judgment Date
22 March 2022
Procedural Posture
Criminal Jury Trial / Procedural Ruling During Trial
Outcome
Juror G discharged; trial to continue with 12 jurors.
Legal Topics
['jury Discharge' 'covid 19' 'jury Act 1977' 'critical Worker Exemption']
['criminal Law' 'procedure'] ['jury Discharge' 'covid 19' 'jury Act 1977' 'critical Worker Exemption']

Case Brief

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Procedural Posture

Criminal Jury Trial / Procedural Ruling During Trial

Legal Issues

  1. 1 ['Whether an absent juror required to self-isolate due to COVID-19 exposure may continue to serve on the jury' "Whether members of a jury are 'critical workers' under Public Health (COVID-19 Self-Isolation) Order 2022" 'Whether the trial may continue with 12 remaining jurors']

Ratio Decidendi

The juror is required to self-isolate due to a household member testing positive for COVID-19 and is not a 'critical worker' exempt under relevant public health orders. The juror cannot perform the functions required and must be discharged under s.53B(d) Jury Act 1977. The trial can proceed with 12 jurors as per s.53C.

Court Disposition

Juror G discharged; trial to continue with 12 jurors.

Orders

  • ['Juror G is discharged under s.53B(d) Jury Act 1977.' 'The trial of the Accused is to continue with a jury of 12.']