R v Charbaji, Azam; Charbaji, Haysem; Jamieson, Lexy May (No 4) [2016] NSWSC 1865

Supreme Court New South Wales

Medium Neutral Citation: R v Charbaji, Azam; Charbaji, Haysem; Jamieson, Lexy May (No 4) [2016] NSWSC 1865 Hearing dates: 7 October 2016 Date of orders: 07 October 2016 Decision date: 07 October 2016 Jurisdiction: Common Law - Criminal Before: Rothman J Decision: (1) Pursuant to s 53B(b) of the Jury Act 1977, the Court discharges the juror because that juror may not be able to give impartial consideration to the case because of his familiarity with a witness; (2) Pursuant to s 53C(1)(b) of the Jury Act 1977, the Court, being of opinion that there is no risk of a substantial miscarriage of justice by so doing, orders that the trial continue with 11 jurors; (3) The Court notes, in accordance with s 22 of the Jury Act 1977, that the jury is not reduced below 10 in number. Catchwords: CRIMINAL LAW – juror discovers witness, CL, known to him as work colleague – at commencement of trial witness' name not recognised – witness a work colleague – on witness' entry into Court juror informs Sheriff that he works with witness – juror separated from remaining jurors – Court satisfied that reasonable apprehension of not bringing unbiased or unprejudiced mind to the trial and that juror should be discharged – jury should continue with 11 jurors – witness was the last witness in Crown case and relevant only to third accused (accessory after the fact) – application to separate trial and continue with 12 jurors in relation to two accused charged with murder – application to separate trial, at this stage in the proceedings, refused – trial continued with 11 jurors. Legislation Cited: Jury Act 1977 Category: Procedural and other rulings Parties: Regina (Crown) Azam Charbaji (Co-accused) Haysem Charbaji (Co-accused) Lexy May Jamieson (Co-accused) Representation: Counsel: M Cunneen SC (Crown) K Chapple SC (Co-accused, Azam Charbaji) M Austin (Co-accused, Haysem Charbaji) M Shaw (Co-accused, Jamieson)