Ken TAN v REGINA [2007] NSWCCA 223

Ken TAN v REGINA [2007] NSWCCA 223

A juror who was not meant to attend for jury duty on the relevant day was selected on the jury that convicted the appellant, contrary to the Jury Act 1977 (NSW). This fundamental error in the constitution of the jury was of the same character as in R v Brown and rendered the trial invalid, requiring the conviction to be quashed and a new trial ordered.

Jurisdiction
Australia
Judgment Date
19 July 2007
Procedural Posture
Criminal Appeal From Conviction / Appeal in the Court of Criminal Appeal
Outcome
Conviction quashed; a new trial be held.
Legal Topics
['jury Irregularity' 'constitution of Jury' 'nullity' 'possessing Firearms' 'possessing Prohibited Weapons']
['criminal Law'] ['jury Irregularity' 'constitution of Jury' 'nullity' 'possessing Firearms' 'possessing Prohibited Weapons']

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Procedural Posture

Criminal Appeal From Conviction / Appeal in the Court of Criminal Appeal

Legal Issues

  1. 1 ['Whether the trial was a nullity because a juror became part of the jury contrary to the provisions of the Jury Act 1977 (NSW).' 'Whether an error in the constitution of the jury invalidated the verdict and required a new trial.']

Ratio Decidendi

A juror who was not meant to attend for jury duty on the relevant day was selected on the jury that convicted the appellant, contrary to the Jury Act 1977 (NSW). This fundamental error in the constitution of the jury was of the same character as in R v Brown and rendered the trial invalid, requiring the conviction to be quashed and a new trial ordered.

Court Disposition

Conviction quashed; a new trial be held.

Orders

  • ['Conviction quashed.' 'A new trial be held.']