Under the Juries Act 2000 (Vic), once a jury has been selected, empanelled and sworn, a trial judge has no power to replace a discharged juror by selecting a new juror from the remaining panel; the only options are to continue with a reduced jury under ss 43-44 or to discharge the entire jury and empanel a new one. An irregularity in the constitution of the jury is a fundamental defect that cannot be waived by the accused and renders the trial a nullity.
The full text is available to signed-in members, including the 21 later cases that cite this judgment.
6 of the 21 citing cases carry a classified treatment. How each court treated it is available to signed-in members.