Criminal law – Practice and procedure – Jury – Failure of juror to attend due to reported illness – Juror discharged by trial judge – Trial continued without juror – Whether trial judge erred in discharging juror – Whether judge's power or discretion miscarried in the terms in which he exercised it – Whether juror incapable of continuing to act – Whether the decision to discharge a juror and the decision to continue with fewer than 12 jurors involve separate considerations.
Jury – Criminal trial – Juror discharged for reported illness – Whether the decision to discharge a juror and the decision to continue with fewer than 12 jurors involve separate considerations.
Words and phrases – "incapable of continuing to act".
Jury Act 1977 (NSW), ss 19, 22.