Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Hunt v Regina [2011] NSWCCA 152 Hearing dates: 19 May 2011 Decision date: 30 June 2011 Before: Tobias AJA,
Johnson J,
Hall JDecision: Reasons for orders made on 19 May 2011:
1. Appeal allowed.
2. Conviction quashed and sentence set aside.
3. Order that there be a new trial.
Catchwords: CRIMINAL LAW - appeal against conviction - practice and procedure - juries - trial judge failed to comply with requirements of the Jury Act 1977 - length of jury deliberations insufficient - incorrect directions on availability of majority verdicts - trial not conducted according to law - miscarriage of justice - appeal allowed - conviction quashed and sentence set aside - new trial ordered Legislation Cited: Criminal Appeal Act 1912 Cases Cited: AGW v Regina [2008] NSWCCA 81
AK v State of Western Australia [2008] HCA 8; (2008) 232 CLR 438
Black v The Queen [1993] HCA 71; (1993) 179 CLR 44
Cesan v The Queen [2008] HCA 52; (2008) 236 CLR 358
Haoui v Regina [2008] NSWCCA 209
Ingham v R [2011] NSWCCA 88
RJS v Regina [2007] NSWCCA 241; (2007) 173 A Crim R 100Category: Principal judgment Parties: Lee Hunt (Appellant)
Regina (Respondent)Representation: M Johnston (Appellant)]
P Ingram SC (Respondent)
Legal Aid Commission (Appellant)
Solicitor for Public Prosecutions (Respondent)
File Number(s): 2009/279744 Decision under appeal
- Citation:
- R v Lee James Hunt
- Date of Decision:
- 2010-12-10 00:00:00
- Before:
- Conlon DCJ
- File Number(s):
- 2009/279744
Judgment
THE COURT : On 14 September 2010, Lee James Hunt (the appellant) was arraigned on two counts both of which were in the same terms, namely, that between 10 March 2006 and 7 March 2007 at Gwynneville, he did indecently assault JH in circumstances of aggravation, namely, that JH was at the time under the age of 16 years, namely, 11 or 12 years. The appellant entered a plea of not guilty to both charges.
The trial before his Honour Judge Conlon SC commenced in the District Court at Wollongong on 14 September 2010. The jury was empanelled on 15 September 2010 and the evidence concluded on 16 September 2010. The trial judge commenced his summing up to the jury on 16 September 2010 and concluded his summing up the following morning, Friday. Later on that day, the jury returned a majority verdict of guilty on both counts.
On 10 December 2010, the trial judge sentenced the appellant to imprisonment as follows:
- With respect to count 1, a non-parole period of six (6) months to commence on 10 December 2010 and to expire on 9 June 2011 and a balance of term of six (6) months to commence on 10 June 2011 and to expire on 9 December 2011;
- With respect to count 2, a non-parole period of eight (8) months to commence on 10 December 2010 and to expire on 9 August 2011 and a balance of term of 12 months to commence on 10…
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- AGLC
- Hunt v R [2011] NSWCCA 152
- Case
- [2011] NSWCCA 152
- Decision Date
CaseChat Overview and Summary
The central legal issue in this appeal was whether the trial judge had properly adhered to the requirements of the Jury Act 1977. Specifically, the appellant argued that the trial judge did not ensure that the jury deliberated for an adequate length of time and also failed to correctly direct the jury on the availability of a majority verdict. These alleged errors by the trial judge were claimed to have compromised the fairness of the trial and potentially led to an erroneous conviction.
The Court of Appeal found that the trial judge indeed did not comply with the statutory requirements. The jury's deliberations were insufficient in length, and the directions provided to the jury regarding majority verdicts were incorrect. These errors were significant because they violated the appellant's right to a trial conducted according to law, as enshrined in the Australian Constitution. The Court concluded that the trial was not conducted properly, and as a result, a miscarriage of justice had occurred. Consequently, the appeal was allowed, the conviction was quashed, the sentence set aside, and a new trial was ordered.
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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