Regina v Ronen & Ors [2004] NSWSC 1292

Regina v Ronen & Ors [2004] NSWSC 1292

On the proper construction of the Jury Act 1977, the statutory scheme introduced a system of identification by number and was intended to preserve the anonymity of persons called to form the jury panel and of jurors throughout the trial. Sections 67A and 68, read with the other provisions, prohibited the Sheriff from furnishing the accused or their representatives with an extract containing names and occupations of panel members. Any possible assistance to challenge rights did not justify disclosure, particularly given the s 38(7) procedure for informing the panel and inviting applications to be excused for lack of impartiality.

Jurisdiction
Australia
Judgment Date
16 April 2004
Procedural Posture
Criminal Trial by Jury / Pre Trial Application for Disclosure of Jury Panel Information Before Empanelment
Outcome
Application refused.
Legal Topics
['jury Panel Information' 'juror Anonymity' 'peremptory Challenges' 'challenge for Cause' 'jury Act 1977']
['criminal Procedure' 'jury Law'] ['jury Panel Information' 'juror Anonymity' 'peremptory Challenges' 'challenge for Cause' 'jury Act 1977']

Case Brief

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Procedural Posture

Criminal Trial by Jury / Pre Trial Application for Disclosure of Jury Panel Information Before Empanelment

Legal Issues

  1. 1 ['Whether the accused were entitled to an extract from the jury panel list containing the names, occupations and identification numbers of panel members before empanelment.' 'Whether the Jury Act 1977 prohibited the Sheriff from making jury panel names and occupations available to the accused and their legal representatives.' "Whether withholding jurors' names and occupations unreasonably restricted the accused in exercising rights of challenge."]

Ratio Decidendi

On the proper construction of the Jury Act 1977, the statutory scheme introduced a system of identification by number and was intended to preserve the anonymity of persons called to form the jury panel and of jurors throughout the trial. Sections 67A and 68, read with the other provisions, prohibited the Sheriff from furnishing the accused or their representatives with an extract containing names and occupations of panel members. Any possible assistance to challenge rights did not justify disclosure, particularly given the s 38(7) procedure for informing the panel and inviting applications to be excused for lack of impartiality.

Court Disposition

Application refused.

Orders

  • ['The Court declined to accede to the application for disclosure of jury panel information.']