R v Diallo & Ors (No 9) [2024] NSWSC 1084

The juror's incapacity following surgery rendered them unable to serve for the remainder of the trial. Pursuant to s 53B(a) and (d) of the Jury Act 1977 (NSW), the juror should be discharged. The trial may safely continue with 13 jurors under s 53C(1)(b) without risk of substantial miscarriage of justice.

Parties: Prosecution: Rex; Defendant: Ibrahima Diallo; Defendant: AG; Defendant: AD; Defendant: Panashe Morgan Ryan Karise
Jurisdiction: Australia
Judgment Date: 21 August 2024
Procedural Posture: Criminal Trial / Procedural Ruling During Trial
Outcome: Individual juror discharged; trial to continue with reduced jury of 13.
Legal Topics: Discharge of Juror, Jury Act 1977 (nsw) S 53 B, Jury Reduced to 13, Medical Incapacity of Juror, Trial Procedure

Criminal Law Discharge of Juror Jury Act 1977 (nsw) S 53 B Jury Reduced to 13 Medical Incapacity of Juror Trial Procedure

Case Brief

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Parties

Rex

Prosecution

Ibrahima Diallo

Defendant

Panashe Morgan Ryan Karise

Defendant

Procedural Posture

Criminal Trial / Procedural Ruling During Trial

Legal Issues

1 Whether juror 5J should be discharged due to incapacity and inability to continue jury service
2 Whether trial should continue with reduced number of jurors

Ratio Decidendi

Court Disposition

Individual juror discharged; trial to continue with reduced jury of 13.

Orders

Juror 5J (panel number 03448909) is discharged pursuant to s 53B(a) and (d) of the Jury Act 1977 (NSW).
Trial is to continue with 13 jurors pursuant to s 53C(1)(b) of the Jury Act 1977 (NSW).