A trial judge's decision to discharge a jury under s 53C(1)(a) of the Jury Act 1977 (NSW) is reviewable only on House v The King principles, and the appellate court will give significant weight to the trial judge's assessment of courtroom atmosphere. The appropriate procedure when discharging a jury is to adjourn proceedings for a short period to permit the parties to exercise their appeal rights under s 5G of the Criminal Appeal Act 1912 (NSW). The question whether the Crofts v The Queen 'high degree of necessity' test informs the statutory test in s 53C(1)(a) remains unresolved.
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