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[2025] NSWSC 1164
General information, not legal advice.
Supreme Court of NSW
2025-06-26
McNaughton J
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Source: NSW Caselaw (www.caselaw.nsw.gov.au). Converted to plain text by ZoeLaw. Not the official version.
Medium Neutral Citation: R v Dunbar (No 6) [2025] NSWSC 1164
Hearing dates: 26 June 2025
Date of orders: 26 June 2025
Decision date: 26 June 2025
Jurisdiction: Common Law - Criminal
Before: McNaughton J
Decision: The juror is discharged.
Catchwords: CRIME — murder
CRIMINAL PROCEDURE — trial — jury — discharge of individual juror
Legislation Cited: Jury Act 1977 (NSW), ss 53B, 53C
Cases Cited: Nil
Texts Cited: Nil
Category: Procedural rulings
Parties: Rex (Crown)
Allan Francis Dunbar (Accused)
Representation: Counsel:
D Patch (Crown)
J Brock (Accused)
Solicitors:
Office of the Director of Public Prosecutions (Crown)
O’Brien Solicitors (Accused)
File Number(s): 2022/00186915
Publication restriction: Nil
Yesterday the Court received a medical certificate via the Sheriff's Office saying that a juror had a respiratory virus infection and he would be unfit to attend yesterday and today.
In the accompanying email from that juror received yesterday it was stated that he may be okay the following day (being today), but he would only be able to confirm that with a test today. It has recently been confirmed that he is not here today.
I note that it is the cold and flu season and there is a potential for other jurors to be made unwell if the juror did decide to return.
I also note that we are at the stage of the trial that, although we are well-advanced, there is still a significant amount of evidence to be adduced. I am of the view, in all of the circumstances, that I should exercise my discretion, pursuant to s 53B(a) of the Jury Act 1977 (NSW) to discharge the sick juror on the basis that he has become so ill as to be likely to become unable to serve as a juror before the jury delivers their verdict, and is a potential health risk to other jurors.
I note that I am not of the opinion under s 53C(1)(a) of that Act that to continue the trial with the remaining jurors would give rise to the risk of a substantial miscarriage of justice. Indeed, I am of the opinion that there is no such risk.
I also note that not only is the number of jurors not reduced below 10 under s 53C(1)(b) of the Jury Act, but indeed we will still have 13.
Accordingly I formally discharge juror number [REDACTED].
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R
Dunbar