Section 22 of the Jury Act 1977 (NSW) cannot be used to continue a trial with a reduced jury where a juror was disqualified from serving from the outset of the trial. Section 22 is predicated on the jury having been properly constituted under s 19 in the first place. Section 73(a), which preserves verdicts where a disqualified juror participated, does not extend to preserve unconcluded trials where the defect is discovered before verdict. However, s 22 may be available where a juror becomes disqualified during the course of the trial.
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