Pasoski v R [2014] NSWCCA 309

Pasoski v R [2014] NSWCCA 309

The trial judge failed to comply with the statutory pre-condition for permitting majority verdicts under s 55F(2)(b) of the Jury Act 1977 by not examining a juror on oath, resulting in a miscarriage of justice on counts 7 and 8. The convictions on those counts must be quashed. Remaining grounds relating to context evidence did not reveal miscarriage of justice. Sentencing errors were found in treating the location as an aggravating factor and in light of the quashed counts; the aggregate sentence must be reassessed.

Jurisdiction
Australia
Judgment Date
15 December 2014
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Outcome
Appeal allowed in part; conviction quashed on counts 7 and 8; sentence quashed and re-sentenced; other grounds refused.
Legal Topics
['appeal Against Conviction' 'appeal Against Sentence' 'majority Verdicts' 'context Evidence' 'directions to Jury' 'aggravating Factors in Sentencing']
['criminal Law'] ['appeal Against Conviction' 'appeal Against Sentence' 'majority Verdicts' 'context Evidence' 'directions to Jury' 'aggravating Factors in Sentencing']

Case Brief

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Procedural Posture

Criminal Appeal / Appeal Against Conviction and Sentence

Legal Issues

  1. 1 ['Whether the trial judge failed to comply with s 55F(2)(b) Jury Act when directing the jury on majority verdicts in counts 7 and 8' 'Whether admission of context evidence occasioned a miscarriage of justice' 'Whether the trial judge failed to direct the jury as to the manner in which context evidence could be used' 'Whether sentencing was aggravated by offences occurring within the conjugal home' 'Whether a lesser sentence is warranted in law']

Ratio Decidendi

The trial judge failed to comply with the statutory pre-condition for permitting majority verdicts under s 55F(2)(b) of the Jury Act 1977 by not examining a juror on oath, resulting in a miscarriage of justice on counts 7 and 8. The convictions on those counts must be quashed. Remaining grounds relating to context evidence did not reveal miscarriage of justice. Sentencing errors were found in treating the location as an aggravating factor and in light of the quashed counts; the aggregate sentence must be reassessed.

Court Disposition

Appeal allowed in part; conviction quashed on counts 7 and 8; sentence quashed and re-sentenced; other grounds refused.

Orders

  • ['Extend to 16 August 2014 the time for giving notice of appeal and notice of application for leave to appeal in respect of convictions and sentence.' 'Grant leave to appeal in relation to conviction ground 1.' 'Quash convictions on counts 7 and 8.' 'Direct a judgment and verdict of acquittal be entered on counts 7...