Under s 43 of the Juries Act 2000 (Vic), once a trial judge is satisfied that a circumstance within paragraphs (a)-(d) exists, the juror must be discharged; the 'high degree of need' test from R v Boland applies only to the separate question of whether the whole jury should be discharged under s 44 or at common law. The word 'may' in s 43 effectively means 'must' once the statutory preconditions are met. Sections 43 and 44 do not constitute a code; the common law power to discharge the whole jury survives independently.
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