R v Pirrello, Pirrello & D’Agostino (No. 9) [2019] NSWSC 1836

R v Pirrello, Pirrello & D’Agostino (No. 9) [2019] NSWSC 1836

In view of the juror's extreme distress as a result of her father's unexpected death, and her stated inability to continue, it was appropriate to exercise the Court's power under s 53B(d) of the Jury Act 1977 (NSW) to discharge the juror for incapacity.

Parties
Crown: Regina (Crown); Accused: Joseph D'Agostino; Accused: Michael Pirrello; Accused: Francesco Pirrello
Jurisdiction
Australia
Judgment Date
11 December 2019
Procedural Posture
Criminal Trial / Mid Trial (jury Issue)
Outcome
Juror discharged under s 53B(d) of Jury Act 1977 (NSW)
Legal Topics
Jury Procedure, Discharge of Juror, Jury Act 1977 (nsw) S 53 B(d)
Criminal Law Jury Procedure Discharge of Juror Jury Act 1977 (nsw) S 53 B(d)

Case Brief

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Parties

Regina (Crown)

Crown

Joseph D'Agostino

Accused

Michael Pirrello

Accused

Francesco Pirrello

Accused

Procedural Posture

Criminal Trial / Mid Trial (jury Issue)

Legal Issues

  1. 1 Whether a juror should be discharged due to incapacity arising from a sudden family bereavement

Ratio Decidendi

In view of the juror's extreme distress as a result of her father's unexpected death, and her stated inability to continue, it was appropriate to exercise the Court's power under s 53B(d) of the Jury Act 1977 (NSW) to discharge the juror for incapacity.

Court Disposition

Juror discharged under s 53B(d) of Jury Act 1977 (NSW)

Orders

  • An individual juror is discharged pursuant to s 53B(d) of the Jury Act 1977 (NSW) because of a matter affecting her ability to perform her functions.