R v Chalabian (No. 5) [2022] NSWSC 174

R v Chalabian (No. 5) [2022] NSWSC 174

The Court ordered discharge of Juror C due to medical incapacity under s.53B(a), discharge of Juror R due to COVID-19 isolation requirements under s.53B(d), and continued the trial with 13 jurors as there was no risk of substantial miscarriage of justice under s.53C.

Jurisdiction
Australia
Judgment Date
23 February 2022
Procedural Posture
Criminal Trial / Interlocutory Procedural Ruling
Outcome
Juror C discharged; Juror R discharged; trial to continue with 13 jurors
Legal Topics
['jury Discharge' 'covid 19 Protocols' 'jury Management' 'procedural Rulings']
['criminal Law'] ['jury Discharge' 'covid 19 Protocols' 'jury Management' 'procedural Rulings']

Case Brief

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Procedural Posture

Criminal Trial / Interlocutory Procedural Ruling

Legal Issues

  1. 1 ['Whether the Court should discharge jurors under s.53B(a) and s.53B(d) Jury Act 1977' 'Whether the trial should continue with a jury of 13 after discharges']

Ratio Decidendi

The Court ordered discharge of Juror C due to medical incapacity under s.53B(a), discharge of Juror R due to COVID-19 isolation requirements under s.53B(d), and continued the trial with 13 jurors as there was no risk of substantial miscarriage of justice under s.53C.

Court Disposition

Juror C discharged; Juror R discharged; trial to continue with 13 jurors

Orders

  • ['Juror C discharged under s.53B(a) Jury Act 1977' 'Juror R discharged under s.53B(d) Jury Act 1977' 'The trial of the Accused is to continue with a jury of 13']