R v Charbaji, Azam; Charbaji, Haysem; Jamieson, Lexy May (No 4) [2016] NSWSC 1865

R v Charbaji, Azam; Charbaji, Haysem; Jamieson, Lexy May (No 4) [2016] NSWSC 1865

Because a juror's work relationship with a Crown witness (relevant only to the accessory charge) created a reasonable apprehension of bias, the juror should be discharged. There was no risk of a substantial miscarriage of justice in continuing the trial with 11 jurors, satisfying statutory requirements; severance was not warranted at this stage.

Parties
Crown: Regina; Co Accused: Azam Charbaji; Co Accused: Haysem Charbaji; Co Accused: Lexy May Jamieson
Jurisdiction
Australia
Judgment Date
07 October 2016
Procedural Posture
Criminal / Procedural Ruling During Trial
Outcome
Juror discharged; trial to proceed with 11 jurors; application for severance refused.
Legal Topics
Jury Management, Juror Discharge, Impartiality, Trial Procedure
Criminal Law Jury Management Juror Discharge Impartiality Trial Procedure

Case Brief

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Parties

Regina

Crown

Azam Charbaji

Co Accused

Haysem Charbaji

Co Accused

Lexy May Jamieson

Co Accused

Procedural Posture

Criminal / Procedural Ruling During Trial

Legal Issues

  1. 1 Whether a juror should be discharged due to acquaintance with a witness
  2. 2 Whether the trial may properly continue with 11 jurors
  3. 3 Whether the trial should be severed for the accused charged as accessory

Ratio Decidendi

Because a juror's work relationship with a Crown witness (relevant only to the accessory charge) created a reasonable apprehension of bias, the juror should be discharged. There was no risk of a substantial miscarriage of justice in continuing the trial with 11 jurors, satisfying statutory requirements; severance was not warranted at this stage.

Court Disposition

Juror discharged; trial to proceed with 11 jurors; application for severance refused.

Orders

  • Pursuant to s 53B(b) of the Jury Act 1977, the Court discharges the juror because that juror may not be able to give impartial consideration to the case due to familiarity with a witness.
  • Pursuant to s 53C(1)(b) of the Jury Act 1977, the Court orders that the trial continue with 11 jurors, being satisfied there is no risk of a substantial miscarriage of justice.