Higgins v R [2018] NSWCCA 258

Higgins v R [2018] NSWCCA 258

The Sheriff's report was admissible because it was relevant to whether a miscarriage of justice had occurred and whether a further investigation was required. Grounds 1 and 2 were not made out on the existing material: the report did not establish unlawful pressure, coercion, intimidation or improper compromise...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 November 2018
Procedural Posture
Criminal Conviction Appeal / Appeal Adjourned and Further Jury Irregularity Investigation Ordered
Outcome
Hearing of the appeal adjourned; further Sheriff's investigation ordered under s 73A of the Jury Act 1977 (NSW).
Legal Topics
['conviction Appeal' 'jury Irregularity' 'sheriff Investigation Under S 73 a of the Jury Act 1977 (nsw)' 'exclusionary Rule Protecting Jury Deliberations' 'juror Pressure and Compromise Verdicts' 'reasonable Apprehension of Juror Bias' 'racist and Derogatory Comments by Jurors']
['criminal Law' 'criminal Procedure' 'jury Law' 'appeals'] ['conviction Appeal' 'jury Irregularity' 'sheriff Investigation Under S 73 a of the Jury Act 1977 (nsw)' 'exclusionary Rule Protecting Jury Deliberations' 'juror Pressure and Compromise Verdicts' 'reasonable Apprehension of Juror Bias' 'racist and Derogatory Comments by Jurors']

Source-derived case record

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Procedural Posture

Criminal Conviction Appeal / Appeal Adjourned and Further Jury Irregularity Investigation Ordered

Legal Issues

  1. 1 ["Whether the Sheriff's report into alleged juror irregularity was admissible on the conviction appeal." 'Whether the verdicts should be set aside because unanimous verdicts were allegedly reached through juror pressure, compromise and time pressures arising from the length of the trial.' 'Whether alleged racist and derogatory comments by jurors deprived the appellant of a fair trial by reason of actual bias or reasonable apprehension of bias.' 'Whether the Court should direct a further investigation by the Sheriff under s 73A of the Jury Act 1977 (NSW).']

Ratio Decidendi

The Sheriff's report was admissible because it was relevant to whether a miscarriage of justice had occurred and whether a further investigation was required. Grounds 1 and 2 were not made out on the existing material: the report did not establish unlawful pressure, coercion, intimidation or improper compromise sufficient to displace the presumption that the verdicts were correctly entered, and the allegation of racist and derogatory comments had not yet been investigated sufficiently to establish bias. By majority, the Court held that the unresolved allegation that jurors made racist and derogatory comments about the appellant warranted a limited, objective further investigation under s...

Court Disposition

Hearing of the appeal adjourned; further Sheriff's investigation ordered under s 73A of the Jury Act 1977 (NSW).

Orders

  • ['The hearing of the appeal be adjourned.' 'The Sheriff be directed to conduct a further investigation under s 73A of the Jury Act into the matters dealt with at [126] of this judgment.' 'Following receipt of that report, a redacted copy of the report be provided to the parties.' 'Following receipt of that report,...