R v Hawi & ors (No 32) [2011] NSWSC 1678

R v Hawi & ors (No 32) [2011] NSWSC 1678

The court found, having regard to the complexity of the case, number of accused, number of verdicts, length of evidence and submissions, and the duration of deliberations (18 days, approx. 94 hours), that the jury had deliberated for a reasonable time as required by s 55F of the Jury Act 1977 for a majority verdict direction.

Parties
Prosecution: Regina; Accused: Mahmoud Hawi; Accused: Christian Adam Menzies; Accused: Farres Abounader; Accused: Ishmail Eken; Accused: Usama Potrus; Accused: Zoran Kisacanin; Accused: David Padovan
Jurisdiction
Australia
Judgment Date
31 October 2011
Procedural Posture
Criminal / Procedural Ruling During Jury Deliberations
Outcome
Jury has deliberated for reasonable time for majority verdict purposes, court to proceed to examine a juror and potentially direct majority verdicts.
Legal Topics
Procedure, Verdicts, Unanimous Verdicts, Majority Verdicts, Jury Deliberation, Reasonable Time
Criminal Law Procedure Verdicts Unanimous Verdicts Majority Verdicts Jury Deliberation Reasonable Time

Case Brief

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Parties

Regina

Prosecution

Mahmoud Hawi

Accused

Christian Adam Menzies

Accused

Farres Abounader

Accused

Ishmail Eken

Accused

Usama Potrus

Accused

Zoran Kisacanin

Accused

David Padovan

Accused

Procedural Posture

Criminal / Procedural Ruling During Jury Deliberations

Legal Issues

  1. 1 Whether the jury has deliberated for a 'reasonable period of time' to allow for a majority verdict direction under s 55F of the Jury Act 1977
  2. 2 Whether majority verdicts may be permitted for all charges, including both primary and alternative charges

Ratio Decidendi

The court found, having regard to the complexity of the case, number of accused, number of verdicts, length of evidence and submissions, and the duration of deliberations (18 days, approx. 94 hours), that the jury had deliberated for a reasonable time as required by s 55F of the Jury Act 1977 for a majority verdict direction.

Court Disposition

Jury has deliberated for reasonable time for majority verdict purposes, court to proceed to examine a juror and potentially direct majority verdicts.