BR v R [2014] NSWCCA 46

BR v R [2014] NSWCCA 46

The Court held that the trial judge was entitled to conclude the jury had deliberated for not less than eight hours as required, counting all periods when the jury was sequestered and had not been told to stop deliberating, and therefore the majority verdict was lawfully received under s 55F of the Jury Act 1977 (NSW).

Parties
Appellant: BR; Respondent: Regina
Jurisdiction
Australia
Judgment Date
09 April 2014
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Leave to appeal granted; appeal dismissed.
Legal Topics
Jury Procedure, Majority Verdict, Deliberation Period, Application of Jury Act 1977 (nsw) S 55 F
Criminal Law Jury Procedure Majority Verdict Deliberation Period Application of Jury Act 1977 (nsw) S 55 F

Case Brief

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Parties

BR

Appellant

Regina

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the jury deliberated for at least eight hours prior to the acceptance of a majority verdict as required by s 55F of the Jury Act 1977 (NSW)
  2. 2 Whether lunch or other breaks are included in the calculation of deliberation time
  3. 3 Whether the trial judge erred in permitting the majority verdict to stand without strict adherence to statutory prerequisites

Ratio Decidendi

The Court held that the trial judge was entitled to conclude the jury had deliberated for not less than eight hours as required, counting all periods when the jury was sequestered and had not been told to stop deliberating, and therefore the majority verdict was lawfully received under s 55F of the Jury Act 1977 (NSW).

Court Disposition

Leave to appeal granted; appeal dismissed.

Orders

  • Leave to appeal granted.
  • Appeal dismissed.