JT v R [2021] NSWCCA 223

JT v R [2021] NSWCCA 223

No miscarriage of justice arose because the trial judge gave a sufficient warning per s 306X prior to the complainant's evidence, the omission of a repeated warning on replaying the recording did not result in injustice, and the directions and preconditions for a majority verdict were appropriately satisfied under s 55F of the Jury Act 1977 (NSW).

Parties
Applicant: JT; Respondent: The Crown
Jurisdiction
Australia
Judgment Date
15 September 2021
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal dismissed
Legal Topics
Appeal Against Conviction, Miscarriage of Justice, Evidence of Vulnerable Persons, Jury Directions, Majority Verdicts
Criminal Law Appeal Against Conviction Miscarriage of Justice Evidence of Vulnerable Persons Jury Directions Majority Verdicts

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 16 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

JT

Applicant

The Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the trial judge failed to direct and warn the jury as to the effect of the replaying of the complainant's evidence
  2. 2 Whether the trial judge erred in invoking s 55F of the Jury Act 1977 (NSW) in permitting a majority verdict
  3. 3 Whether the trial judge erred in the directions given to the jury on the availability of a majority verdict

Ratio Decidendi

No miscarriage of justice arose because the trial judge gave a sufficient warning per s 306X prior to the complainant's evidence, the omission of a repeated warning on replaying the recording did not result in injustice, and the directions and preconditions for a majority verdict were appropriately satisfied under s 55F of the Jury Act 1977 (NSW).

Court Disposition

Appeal dismissed

Orders

  • Refuse leave under r 4.15 of the Supreme Court (Criminal Appeal) Rules 2021 (NSW) to rely on grounds 1 and 2(b) of the grounds of appeal.
  • Dismiss ground 2(a).