The discharge of a single juror does not automatically justify continuing a trial with fewer than 12 jurors; there must be a positive reason to continue, and the accused's fundamental right to trial by 12 jurors must be expressly weighed. Where a trial has only just commenced, witnesses can give evidence remotely, and both parties seek discharge of the entire jury, the circumstances are unlikely to support continuing with a reduced jury. Bare assertions of misconduct with minimal detail in preliminary complaint evidence may still be admissible under s 4A of the Criminal Law (Sexual Offences) Act 1978 (Qld) where the disclosures are unambiguously referable to the alleged offence.
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