Court of Criminal Appeal
Supreme Court
New South Wales
- Amendment notes
Medium Neutral Citation: Curran v R [2017] NSWCCA 123 Hearing dates: 2 June 2017 Date of orders: 02 June 2017 Decision date: 02 June 2017 Before: Beazley P;
R A Hulme J;
Fagan JDecision: (1) Pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) the Court orders that there is to be no publication of any information that may tend to identify the applicant in these proceedings until proceedings involving a jury are concluded in the District Court. This order is made on the ground that it is necessary in order to prevent prejudice to the proper administration of justice.
(2) Application for leave to appeal pursuant to s 5G of the Criminal Appeal Act 1912 (NSW) is granted.
(3) Appeal allowed.
(4) The decision of his Honour Berman SC DCJ of 1 June 2017 to discharge the jury is vacated.
(5) The matter is remitted to the District Court for continuation of the trial.Catchwords: CRIMINAL LAW – application for leave to appeal under the Criminal Appeal Act 1912 (NSW), s 5G – discharge of jury by trial judge – Crown proposed to change case during the course of trial – trial judge found that it would not be fair to confine Crown to case initially presented – whether trial judge erred in exercising discretion to discharge jury in these circumstances Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5G Cases Cited: Barber v R; Zraika v R [2016] NSWCCA 125
Crofts v The Queen (1996) 186 CLR 427; [1996] HCA 22
House v The King (1936) 55 CLR 499; [1936] HCA 40
Qing An v R [2007] NSWCCA 53
R v Bartle [2003] NSWCCA 329Category: Principal judgment Parties: Joseph Paul Curran (Appellant)
Regina (Respondent)Representation: Counsel:
Solicitors:
G Turnbull SC; G O’Mahoney (Appellant)
E Balodis (Regina)
Kidman Legal (Appellant)
Office of the Director of Public Prosecutions (Regina)
File Number(s): CCA 2016/119236 Decision under appeal
- Court or tribunal:
- District Court
- Date of Decision:
- 01 June 2017
- Before:
- Berman SC DCJ
- File Number(s):
- 2016/00119236
Judgment
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THE COURT: On 29 May 2017, Mr Joseph Curran was arraigned in the District Court upon an indictment and pleaded not guilty to one count of indecent assault and three counts of sexual intercourse without consent. A jury was empanelled and the trial proceeded for three days. On the fourth day, 1 June 2017, the learned trial judge decided to discharge the jury. The accused has applied to this Court under s 5G of the Criminal Appeal Act 1912 (NSW) for leave to appeal that decision.
Crown case
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Very briefly, the allegations arose from the complainant meeting the accused in a bar on the night of 9 March 2016. They had been at primary school together but had not seen each other since. After spending some time together they returned to the complainant's room in a university college dormitory where sexual activity occurred.
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The…
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- AGLC
- Curran v R [2017] NSWCCA 123
- Case
- [2017] NSWCCA 123
- Decision Date
CaseChat Overview and Summary
The legal issues before the court centred on the trial judge's discretion to discharge the jury under the relevant provisions of the Criminal Appeal Act 1912 (NSW). Specifically, the court had to determine if the trial judge had acted within his powers when he decided that it would not be fair to confine the Crown to the case initially presented, and thus discharged the jury. The court also needed to consider the implications of this decision on the fairness of the trial and the rights of the defendant.
The court examined the circumstances under which the trial judge exercised his discretion to discharge the jury. It was found that the trial judge had acted within his discretion in considering the fairness of confining the Crown to the initially presented case. The court held that the trial judge's decision to allow the Crown to introduce new evidence was justified, as it was necessary to ensure a fair trial. The court also noted that the decision did not prejudice the defendant, as the new evidence was related to the charges and did not introduce new offences. Therefore, the trial judge's exercise of discretion was deemed appropriate, and the application for leave to appeal was dismissed.
No further orders were made by the court. The decision of the trial judge to discharge the jury was upheld, and the conviction of the defendant stood as originally decided.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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