NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: R v Chalabian (No. 10) [2022] NSWSC 316 Hearing dates: 22 March 2022 Date of orders: 22 March 2022 Decision date: 22 March 2022 Jurisdiction: Common Law - Criminal Before: Johnson J Decision: 1. Juror G is discharged under s.53B(d) Jury Act 1977. 2. The trial of the Accused is to continue with a jury of 12. Catchwords: CRIME – jury trial – trial commenced with 15 jurors – 13 jurors remaining – member of household of juror tested positive for COVID-19 – household member a "diagnosed person" under Public Health (COVID-19 Self-Isolation) Order 2022 – juror required to self-isolate for seven days - jurors not "critical workers" under Critical Worker Exemption – juror discharged under s.53B(d) Jury Act 1977 – order under s.53C that trial continue with jury of 12 Legislation Cited: Criminal Code (Cth) Jury Act 1977 Jury Amendment (Additional Jurors) Regulation 2022 Cases Cited: R v Chalabian (No 5) [2022] NSWSC 174 R v Chalabian (No 7) [2022] NSWSC 227 Texts Cited: Public Health (COVID-19 Self-Isolation) Order 2022 Critical Worker Exemption from the Public Health (COVID-19 Self-Isolation) Order 2022 (No 1) Category: Procedural rulings Parties: Regina (Crown) Sevag Chalabian (Accused) Representation: Counsel: Ms T McDonald SC; Ms G Wright SC (Crown) Mr GA Brady SC; Mr A Williams (Accused)
Solicitors: Commonwealth Director of Public Prosecutions (Crown) Streeton Lawyers (Accused) File Number(s): 2018/216206 Publication restriction: ---
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