R v Fesus (No. 1)

The case of R v Fesus (No. 1) involved the defendant, Fesus, who was on trial for murder. During the trial, one of the jurors became ill and produced a medical certificate indicating they were unfit to serve for at least one week. The trial judge was faced with the decision of whether the juror should be discharged, and if the trial should continue with an 11-member jury. The matter was brought before the court for resolution.

The primary legal issue before the court was whether the juror should be discharged due to their illness, and if so, whether the trial could proceed with an 11-member jury. The court was required to consider the relevant statutory provisions and case law governing the situation of a sick juror in a criminal trial. Furthermore, the court needed to weigh the interests of justice against the defendant's right to be tried by a full jury of 12 members.

The court held that the juror should be discharged due to their inability to participate in the trial for at least one week. The court found that there was no statutory requirement for a jury to consist of 12 members, and that a jury of 11 was sufficient to deliver a verdict. The court also noted that the defendant had not demonstrated any prejudice resulting from the discharge of the sick juror, and that the trial could proceed fairly with an 11-member jury. Therefore, the court ordered that the trial should proceed with the jury of 11 members, and the sick juror was discharged.

In conclusion, the court found that the trial could proceed with a jury of 11 members and that the sick juror should be discharged. The decision in R v Fesus (No. 1) provides guidance for future cases involving a sick juror in a criminal trial and the appropriate course of action to ensure the interests of justice are upheld.