R v Pirrello, Pirrello & D'Agostino (No. 6)

[2019] NSWSC 1833

Supreme Court

New South Wales

• Amendment notes

Medium Neutral Citation:	R v Pirrello, Pirrello & D’Agostino (No. 6) [2019] NSWSC 1833
Hearing dates:	07 November 2019
Date of orders:	07 November 2019
Decision date:	07 November 2019
Jurisdiction:	Common Law
Before:	Wilson J
Decision:	Juror discharged under s 53B(a) of the Jury Act 1977 (NSW)
Catchwords:	CRIMINAL PROCEDURE – trial – jury of twelve – offences related to conspiracy to import border controlled drugs – ill and potentially incapacitated juror – juror discharged
Legislation Cited:	Jury Act 1977 (NSW)
Category:	Principal judgment
Parties:	Regina (Crown) Joseph D’Agostino (Accused) Michael Pirrello (Accused) Francesco Pirrello (Accused)
Representation:	Counsel: Mr P McGuire SC with Ms B Anniwell for the Crown Mr J Stratton SC with Ms M Curry for Joseph D’Agostino Mr D McCallum for Michael Pirrello Mr D Brady SC for Francesco Pirrello   Solicitors: Ms C Egan for the Crown Mr G Mitchell for Joseph D’Agostino Mr T Neaves for Michael Pirrello Mr T Neaves for Francesco Pirrello
File Number(s):	2017/010927, 2016/388954, 2016/388994
Publication restriction:	Judgment previously restricted pending finalisation of all co-accused trials and related appeals.

1. HER HONOUR: This morning, during the course of the fourth week of the trial, one of the jurors serving as part of the jury has provided information to the Court as to her physical incapacity to continue as a juror.

2. The juror provided information orally to the Office of the Sheriff this morning to the effect that she had an appointment with her doctor. On having seen the doctor prior to her attendance at court, she has advised that her doctor says that she is medically unfit to continue as a juror. She has an injury, or some incapacity, to her back and neck, which is a pre-existing condition. It appears from the information provided in documentary form that that injury or illness has been exacerbated by sitting for prolonged periods in the courtroom, and could only be further exacerbated were the juror to continue.

3. Section 53B of the Jury Act1977 (NSW) provides for the discretionary discharge of a juror where that juror is ill or incapacitated for some reason. The evidence before the Court, that is, two medical certificates under the hand of a doctor who seems, from the documentation, to be a general practitioner and which I will mark for identification 29, that the juror is not able to continue because of a medical problem. Section 53B(a) provides that the Court may, in the course of any trial, discharge a juror if the juror has, in the Judge's opinion, become so ill, infirm or incapacitated as to become unlikely to be able to serve as a juror before the jury delivers their verdict.

4. That seems to be the situation here. Because of the juror's particular illness, it seems likely that she has become or will become, in the near future, sufficiently incapacitated as to be unable to continue to serve, bearing in mind that this trial has perhaps another four to six weeks to go before the jury is in a position to consider its verdict.

5. Without opposition from the parties, I have decided that the juror should be discharged pursuant to that provision and I make that order discharging that juror.

6. MFI 29 will be sealed and retained with the Court's file. The seal is not to be broken, except by order of a judge of this or a superior court.

Amendments

07 November 2024 - Typographical amendment to coversheet.