R v El-Kahil (No. 2) [2022] NSWDC 607

R v El-Kahil (No. 2) [2022] NSWDC 607

The juror indicated that her English was not good and appeared to have difficulty understanding the judge's opening remarks. Because a juror without a good command of English could not follow the evidence in this trial, the juror's ability to perform the functions of a juror was affected and she should be discharged.

Jurisdiction
Australia
Judgment Date
15 November 2022
Procedural Posture
Criminal Trial / Procedural Ruling on Discharge of Individual Juror
Outcome
Individual juror discharged; trial to continue with a jury of 11 at the accused's request and without application to discharge the entire jury.
Legal Topics
['trial' 'jury' 'discharge of Individual Juror']
['criminal Procedure'] ['trial' 'jury' 'discharge of Individual Juror']

Case Brief

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Procedural Posture

Criminal Trial / Procedural Ruling on Discharge of Individual Juror

Legal Issues

  1. 1 ["Whether an individual juror should be discharged because difficulty with English affected the juror's ability to perform the functions of a juror." 'Whether the trial should continue with a jury of 11 after discharge of the individual juror.']

Ratio Decidendi

The juror indicated that her English was not good and appeared to have difficulty understanding the judge's opening remarks. Because a juror without a good command of English could not follow the evidence in this trial, the juror's ability to perform the functions of a juror was affected and she should be discharged.

Court Disposition

Individual juror discharged; trial to continue with a jury of 11 at the accused's request and without application to discharge the entire jury.

Orders

  • ['Discharge the individual juror.' 'Note accused is content to continue with the jury of 11 and makes no application for the discharge of the entire jury.']