REGINA v Kalid KADDOUR [2004] NSWCCA 361

REGINA v Kalid KADDOUR [2004] NSWCCA 361

Section 68(1) of the Jury Act 1977 does not apply to a court because the word "person" does not extend to a court in this context. The exceptions in s68, including s68(4), are not exhaustive, and Parliament did not intend to prohibit a court from making juror-identifying information available where that may be necessary to investigate whether a significant miscarriage of justice occurred. The sealed material should therefore be opened, inspected by the Court, and made available to the parties' legal representatives at this stage.

Jurisdiction
Australia
Judgment Date
12 October 2004
Procedural Posture
Criminal Appeal / Interlocutory Application for Access to Sealed Material Concerning the Possible Identity of a Juror
Outcome
Access granted
Legal Topics
['disclosure of Juror Identity' 'section 68 of the Jury Act 1977' 'meaning of "person" in a Statute' 'miscarriage of Justice' 'access to Sealed Material']
['criminal Law' 'jury Law' 'statutory Interpretation'] ['disclosure of Juror Identity' 'section 68 of the Jury Act 1977' 'meaning of "person" in a Statute' 'miscarriage of Justice' 'access to Sealed Material']

Case Brief

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Procedural Posture

Criminal Appeal / Interlocutory Application for Access to Sealed Material Concerning the Possible Identity of a Juror

Legal Issues

  1. 1 ['Whether s68 of the Jury Act 1977 prevented the Court from disclosing information likely to identify a juror.' 'Whether the word "person" in s68(1) of the Jury Act 1977 extends to a court.' 'Whether the exceptions in s68(2), s68(4) and s68(5) of the Jury Act 1977 are exhaustive.' 'Whether disclosure of juror-identifying material should be permitted where it may be necessary to investigate a significant miscarriage of justice.']

Ratio Decidendi

Section 68(1) of the Jury Act 1977 does not apply to a court because the word "person" does not extend to a court in this context. The exceptions in s68, including s68(4), are not exhaustive, and Parliament did not intend to prohibit a court from making juror-identifying information available where that may be necessary to investigate whether a significant miscarriage of justice occurred. The sealed material should therefore be opened, inspected by the Court, and made available to the parties' legal representatives at this stage.

Court Disposition

Access granted

Orders

  • ["The envelope or envelopes containing the name of the possible juror and the Sheriff's response are to be opened and inspected by the Court." 'After inspection, the material is to be made available to the legal representatives of the parties only at this stage.']