Fenech v R [2019] NSWCCA 95

Fenech v R [2019] NSWCCA 95

The appeal was allowed and a new trial ordered because jury misconduct was established and accepted by the Crown as having produced a miscarriage of justice.

Jurisdiction
Australia
Judgment Date
07 May 2019
Procedural Posture
Conviction Appeal / Court of Criminal Appeal Judgment
Outcome
Appeal allowed; conviction and sentence quashed; new trial ordered
Legal Topics
['conviction Appeal' 'jury Misconduct' 'new Trial']
['criminal Law'] ['conviction Appeal' 'jury Misconduct' 'new Trial']

Case Brief

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Procedural Posture

Conviction Appeal / Court of Criminal Appeal Judgment

Legal Issues

  1. 1 ['Whether jury misconduct occurred by jury members making inquiries about trial matters contrary to Jury Act 1997 (NSW), s 68C, and failing to disclose that conduct when questioned']

Ratio Decidendi

The appeal was allowed and a new trial ordered because jury misconduct was established and accepted by the Crown as having produced a miscarriage of justice.

Court Disposition

Appeal allowed; conviction and sentence quashed; new trial ordered

Orders

  • ['Appeal against conviction allowed' 'Conviction and sentence imposed in the District Court quashed' 'Order for a new trial in the District Court']