Zheng v R; Li v R; Pan v R [2021] NSWCCA 78

Zheng v R; Li v R; Pan v R [2021] NSWCCA 78

The trial judge was correct in not finding, on the balance of probabilities, that Juror G2W engaged in misconduct or deliberately lied; as such, s 53A(1)(c) was not engaged. The discretionary refusals to discharge Juror G2W and the whole jury were not attended by House v The King error. The convictions for counts 5,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
23 April 2021
Procedural Posture
Criminal Appeal / Judgment on Appeal After Conviction and Sentence in District Court
Outcome
Appeals dismissed.
Legal Topics
['jury Misconduct' 'discharge of Juror' 'sexual Offences' 'aggravated Sexual Assault' 'joint Criminal Enterprise' 'in Company Liability' 'unreasonable Verdict' 'standard of Proof' 'appeals Process']
['criminal Law'] ['jury Misconduct' 'discharge of Juror' 'sexual Offences' 'aggravated Sexual Assault' 'joint Criminal Enterprise' 'in Company Liability' 'unreasonable Verdict' 'standard of Proof' 'appeals Process']

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Procedural Posture

Criminal Appeal / Judgment on Appeal After Conviction and Sentence in District Court

Legal Issues

  1. 1 ['Whether the trial judge erred in failing to discharge Juror G2W under s 53A and/or s 53B of the Jury Act 1977 (NSW)' 'Whether the trial judge erred in failing to discharge the jury under s 53C of the Jury Act 1977 (NSW)' 'Whether the verdicts for counts 5, 6 and 7 against Messrs Li and Pan were unreasonable or unsupported by the evidence']

Ratio Decidendi

The trial judge was correct in not finding, on the balance of probabilities, that Juror G2W engaged in misconduct or deliberately lied; as such, s 53A(1)(c) was not engaged. The discretionary refusals to discharge Juror G2W and the whole jury were not attended by House v The King error. The convictions for counts 5, 6, and 7 were reasonably open to the jury on the evidence, with sufficient evidence of joint criminal enterprise and 'in company' liability.

Court Disposition

Appeals dismissed.

Orders

  • ['Appeals of Mr Zheng, Mr Li and Mr Pan dismissed.' 'Convictions and sentences affirmed.']