KE v R [2021] NSWCCA 119
The trial miscarried because the judge failed to give a proper Black direction when required and allowed a majority verdict without properly considering whether the period of deliberation was reasonable, as required by s 55F(2)(a) of the Jury Act 1977 (NSW). This constituted a miscarriage of justice.
- Parties
- Applicant: KE; Respondent: The Crown
- Jurisdiction
- Australia
- Judgment Date
- 14 July 2021
- Procedural Posture
- Criminal Appeal / Appeal Against Conviction and Sentence
- Outcome
- Appeal allowed. Verdicts quashed. Retrial ordered.
- Legal Topics
- Appeals Against Conviction, Majority Verdicts, Jury Directions, Black Direction, Miscarriage of Justice
Case Brief
Summary, issues, holding and outcome
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Parties
KE
Applicant
The Crown
Respondent
Procedural Posture
Criminal Appeal / Appeal Against Conviction and Sentence
Legal Issues
- 1 Whether failure to give a Black direction was a miscarriage of justice
- 2 Whether judge erred in allowing a majority verdict without proper consideration of Jury Act 1977 (NSW) s 55F(2)(a)
- 3 Whether judge's intervention in defence address occasioned a miscarriage of justice
Ratio Decidendi
The trial miscarried because the judge failed to give a proper Black direction when required and allowed a majority verdict without properly considering whether the period of deliberation was reasonable, as required by s 55F(2)(a) of the Jury Act 1977 (NSW). This constituted a miscarriage of justice.
Court Disposition
Appeal allowed. Verdicts quashed. Retrial ordered.
Orders
- Grant leave to appeal.
- Quash the verdicts of guilty returned by the jury on the 4th to 7th counts on the Amended Indictment.
Full Case Text
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