R v Jones [2024] NSWCCA 236

Failure by the trial judge to examine any juror on oath regarding the likelihood of reaching a unanimous verdict, as required by s 55F(2)(b) of the Jury Act 1977 (NSW), constituted a failure to conduct the trial according to law, rendering the conviction unsafe and necessitating a new trial.

Parties: Applicant: Luke Steven Jones; Respondent: Crown
Jurisdiction: Australia
Judgment Date: 11 December 2024
Procedural Posture: Criminal Appeal / Appeal Against Conviction
Outcome: Appeal allowed, conviction quashed, new trial ordered, bail granted subject to conditions as varied by consent.
Legal Topics: Appeals, Majority Verdicts, Jury Act 1977 (nsw) S 55 F, Procedural Fairness

Criminal Law Appeals Majority Verdicts Jury Act 1977 (nsw) S 55 F Procedural Fairness

Case Brief

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Parties

Luke Steven Jones

Applicant

Crown

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

1 Whether the trial judge failed to comply with s 55F(2)(b) of the Jury Act 1977 (NSW) before receiving a majority verdict
2 Whether non-compliance led to a trial not according to law

Ratio Decidendi

Court Disposition

Appeal allowed, conviction quashed, new trial ordered, bail granted subject to conditions as varied by consent.

Orders

Grant leave to Mr Jones to rely upon an amended notice of appeal to add a fifth ground raising a failure by the trial judge to comply with s 55F(2)(b) of the Jury Act 1977.
Direct Mr Jones to file in the Registry within 7 days an amended notice of appeal to include the fifth ground.