Where an indictment is amended during trial under ss 20-22 of the Criminal Procedure Act 1986 (NSW), the jury need not be resworn, even if the amended charge is read out and a fresh plea taken. The oath under s 72A of the Jury Act 1977 (NSW) applies to issues arising under the indictment as amended. A jury note reporting observations about apparent coaching of a defence witness does not necessarily require discharge of the jury; the appropriate response may be a direction to disregard the observations, and the jury's act of reporting the matter may itself indicate fairness rather than prejudice.
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