A trial judge's failure to give discrete reasons for ordering a trial to continue with 11 jurors under s 57 of the Jury Act 1995 (Qld) does not necessarily constitute reversible error where the relevant considerations can be inferred from the transcript. Where a trial is well advanced (six court days, 18 witnesses) and the circumstances affecting the discharged juror do not bear on the remaining jurors' ability to perform their task, the decision to continue with 11 jurors is an unexceptional exercise of discretion even on a charge of murder.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.
1 of the 2 citing cases carry a classified treatment. How each court treated it is available to signed-in members.