Regina v Ronen & Ors [2004] NSWSC 1294

Regina v Ronen & Ors [2004] NSWSC 1294

The Jury Act 1977 (NSW) provisions withholding names and occupations of potential jurors from the accused do not contravene s 80 of the Constitution, as the right of challenge is preserved and the provision of identity information is not an essential feature of trial by jury under constitutional law.

Jurisdiction
Australia
Judgment Date
28 April 2004
Procedural Posture
Criminal / Pre Trial Application Regarding Jury Selection Procedure
Outcome
Application dismissed; trial to proceed without supply of names and occupations of jurors.
Legal Topics
['trial by Jury' 'challenge to Jurors' 'compatibility of State Legislation With Constitution']

Case Brief

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Procedural Posture

Criminal / Pre Trial Application Regarding Jury Selection Procedure

  1. 1 ['Are the relevant provisions of the Jury Act 1977 (NSW) prohibiting supply of names and occupations of jurors to accused incompatible with s 80 of the Constitution?' "Does the absence of identity information curtail the accused's right to challenge jurors and breach the guarantee of trial by jury on indictment?"]

Ratio Decidendi

The Jury Act 1977 (NSW) provisions withholding names and occupations of potential jurors from the accused do not contravene s 80 of the Constitution, as the right of challenge is preserved and the provision of identity information is not an essential feature of trial by jury under constitutional law.

Court Disposition

Application dismissed; trial to proceed without supply of names and occupations of jurors.

Orders

  • ['Trial to continue; jury to be empanelled on 3 May 2004 unless High Court stays proceedings.']