R v Price; R v Rahim; R v Rizk; R v Taufahema (No 4)

[2023] NSWSC 1662

Supreme Court

New South Wales

Medium Neutral Citation:

R v Price; R v Rahim; R v Rizk; R v Taufahema (No 4) [2023] NSWSC 1662

Hearing dates:

27 November 2023

Date of orders:

27 November 2023

Decision date:

27 November 2023

Jurisdiction:

Common Law

Before:

McNaughton J

Decision:

The Court makes the following order:

(1) The unwell juror is discharged

Catchwords:

CRIMINAL LAW – criminal trial – where juror has become unwell – juror discharged

Legislation Cited:

Jury Act 1977 (NSW), s 53B

Category:

Procedural rulings

Parties:

Rex (Crown)
Lisa Anne Price (Accused)
Bilal Rahim (Accused)
Sherene Rizk (Accused)
Viliami Bui Taufahema (Accused)

Representation:

Counsel:
K Ratcliffe (Crown)
T Quilter (Lisa Anne Price)
M Hobart SC (Bilal Rahim)
N Carroll (Sherene Rizk)
A Evers (Viliami Bui Taufahema)

Solicitors:
Solicitor for Public Prosecutions (Crown)
Sydney Side Lawyers (Lisa Anne Price)
Australian Criminal & Family Lawyers (Bilal Rahim)
Malouf Criminal Lawyers (Sherene Rizk)
Criminal Law Group (Viliami Bui Taufahema)

File Number(s):

2019/00399270, 2019/00388028, 2019/00397014, 2019/00388190

Publication restriction:

No publication until the conclusion of the trial of Joseph Nehme

EX TEMPORE JUDGMENT (REVISED)

1. I have been informed this morning by way of a medical certificate that a juror has become unwell and will be unfit between today, Monday 27 November, and Monday 4 December inclusive. We are at a point in the trial where the Crown case is almost finished. Today is 27 November and Christmas is approaching. We still have 14 jurors. All of the accuseds’ representatives are of the view that it is appropriate to discharge the juror. The Crown does not cavil with that view in the light of those applications made on behalf of the accused.

2. In all of the circumstances, I am of the view that I should discharge the juror under s 53B(a) of the Jury Act 1977 (NSW) and that juror is discharged.

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Decision last updated: 06 May 2024