R v Laws [2000] NSWSC 880

R v Laws [2000] NSWSC 880

In the context of s68A of the Jury Act 1977 (NSW), "solicit" is clear and unambiguous and includes asking for, requesting or attempting to obtain information from a juror or former juror about jury deliberations. It does not require harassment, pressure, importuning or persuasion. Because the defence sought to give the word a confined meaning excluding some ordinary meanings, the issue was one of statutory construction for the judge, and the trial should proceed on that basis.

Jurisdiction
Australia
Judgment Date
29 August 2000
Procedural Posture
Criminal Prosecution Under S68 a of the Jury Act 1977 (nsw) / Trial Ruling on Question Concerning the Manner in Which the Case Was to Be Left to the Jury, Raised at the Close of the Crown Case
Outcome
The Court ruled that "solicit" in s68A includes asking for or requesting information and does not require pressure, persuasion, importuning or harassment; the trial was to proceed on that basis.
Legal Topics
['meaning of "solicit"' 'jury Act 1977 (nsw) S68 A' 'protection of Jury Deliberations' 'question of Law or Fact' 'jury Confidentiality and Anonymity']
['criminal Law' 'statutory Interpretation' 'jury Law'] ['meaning of "solicit"' 'jury Act 1977 (nsw) S68 A' 'protection of Jury Deliberations' 'question of Law or Fact' 'jury Confidentiality and Anonymity']

Case Brief

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Procedural Posture

Criminal Prosecution Under S68 a of the Jury Act 1977 (nsw) / Trial Ruling on Question Concerning the Manner in Which the Case Was to Be Left to the Jury, Raised at the Close of the Crown Case

Legal Issues

  1. 1 ['Whether the meaning of "solicit" in s68A of the Jury Act 1977 (NSW) is a question of fact for the jury or a question of statutory construction for the judge.' 'Whether "solicit" in s68A has a special or confined meaning requiring pressure, persuasion, importuning or harassment, or whether it includes asking for or requesting information.']

Ratio Decidendi

In the context of s68A of the Jury Act 1977 (NSW), "solicit" is clear and unambiguous and includes asking for, requesting or attempting to obtain information from a juror or former juror about jury deliberations. It does not require harassment, pressure, importuning or persuasion. Because the defence sought to give the word a confined meaning excluding some ordinary meanings, the issue was one of statutory construction for the judge, and the trial should proceed on that basis.

Court Disposition

The Court ruled that "solicit" in s68A includes asking for or requesting information and does not require pressure, persuasion, importuning or harassment; the trial was to proceed on that basis.

Orders

  • ['The trial should proceed upon the basis outlined in the judgment.']