R v Pirrello, Pirrello & D’Agostino (No. 6) [2019] NSWSC 1833

R v Pirrello, Pirrello & D’Agostino (No. 6) [2019] NSWSC 1833

The juror is discharged under s 53B(a) of the Jury Act 1977 (NSW) as she has, in the judge's opinion, become so incapacitated by illness that she is unlikely to be able to continue serving until the jury's verdict.

Parties
Crown: Regina; Accused: Joseph D'Agostino; Accused: Michael Pirrello; Accused: Francesco Pirrello
Jurisdiction
Australia
Judgment Date
07 November 2019
Procedural Posture
Criminal Trial / During Trial
Outcome
Juror discharged
Legal Topics
Jury Discharge, Juror Incapacity, Conspiracy to Import Border Controlled Drugs
Criminal Law Criminal Procedure Jury Discharge Juror Incapacity Conspiracy to Import Border Controlled Drugs

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Parties

Regina

Crown

Joseph D'Agostino

Accused

Michael Pirrello

Accused

Francesco Pirrello

Accused

Procedural Posture

Criminal Trial / During Trial

Legal Issues

  1. 1 Whether a juror should be discharged due to illness or incapacity under s 53B of the Jury Act 1977 (NSW)

Ratio Decidendi

The juror is discharged under s 53B(a) of the Jury Act 1977 (NSW) as she has, in the judge's opinion, become so incapacitated by illness that she is unlikely to be able to continue serving until the jury's verdict.

Court Disposition

Juror discharged

Orders

  • The juror is discharged under s 53B(a) Jury Act 1977 (NSW)
  • MFI 29 will be sealed and retained with the Court's file; not to be unsealed except by order of a judge of this or a superior court.