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

Supreme Court New South Wales

Medium Neutral Citation: R v Diallo & Ors (No 9) [2024] NSWSC 1084 Hearing dates: 13, 19 and 21 August 2024 Date of orders: 21 August 2024 Decision date: 21 August 2024 Jurisdiction: Common Law Before: Hamill J Decision: (1) Pursuant to s 53B(a) and (d) of the Jury Act 1977 (NSW), juror 5J, from panel number 03448909, at Sydney West Trial Courts, is discharged. (2) Pursuant to s 53C(1)(b) of the Jury Act 1977 (NSW) the trial is to continue with a reduced number of jurors, namely 13 jurors. Catchwords: CRIMINAL LAW – criminal trial – discretionary discharge of individual juror – notice of surgery provided to the Court in week three of trial proper – no fault of juror – day surgery – medical advice provided to the Court after surgery – juror likely to be incapacitated as to be unable to serve until the jury returns its verdicts – likely further delay of trial – discharge of individual juror not opposed – discretionary factors – jury reduced to 13 in lengthy trial – trial to continue Legislation Cited: Bail Act 2013 (NSW) Criminal Procedure Act 1986 (NSW), ss 311 and 312 Jury Act 1977 (NSW), ss 53B, 53B(a), 53B(d), 53C Cases Cited: Sun v R (2023) 112 NSWLR 52; [2023] NSWCCA 147 Category: Procedural rulings Parties: Rex (Prosecution) Ibrahima Diallo (Defendant) AG (Defendant) AD (Defendant) Panashe Morgan Ryan Karise (Defendant) Representation: Counsel: E Balodis (Rex) R Wilson SC (Diallo) M Avenell SC (AG) B Robinson (AD) M Smith (Karise)