Court of Criminal Appeal
Supreme Court
New South Wales
Medium Neutral Citation: Watson v R [2022] NSWCCA 208 Hearing dates: 21 September 2022 Date of orders: 21 September 2022 Decision date: 23 September 2022 Before: Bell CJ; Price J; Yehia J Decision: 1. Grant leave to appeal pursuant to s 5G of the Criminal Appeal Act 1912 (NSW).
2. Allow the appeal.
3. Set aside orders 2 and 3 made by Walton J on 15 September 2022.
4. In lieu thereof, dismiss the application by the Crown to discharge the whole of the jury pursuant to s 53C(1)(a) of the Jury Act1977 (NSW).
5. List the matter for directions at 4.00pm on 21 September 2022 in King Street Court Room No 5 before Walton J.
Catchwords: APPEAL – criminal appeal – application for leave to appeal pursuant to s 5G of the Criminal Appeal Act 1912 (NSW) from decision pursuant to s 53C(1)(a) of the Jury Act 1977 (NSW) to discharge whole of a jury following discharge of a single juror – where discharge of jury occurred following the close of evidence – where discharge of jury opposed by the accused in a murder trial – whether open to trial judge to form the opinion that there was a risk of a substantial miscarriage of justice - standard of appellate review – where factual errors in relation to suggested breaches by jurors of trial judge’s directions – whether alleged breaches occurred on numerous occasions – materiality of any alleged breaches
CRIME – murder trial – where Crown applied to discharge the whole of the jury after close of the evidence – where accused opposed application for discharge – where jury nevertheless discharged - whether open to trial judge to form the opinion that there was a risk of a substantial miscarriage of justice - standard of appellate review – where factual errors in relation to suggested breaches by jurors of trial judge’s directions – whether alleged breaches occurred on numerous occasions – materiality of any alleged breaches
Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5G
Evidence Act 1995 (NSW), s 55
Jury Act 1977 (NSW), ss 53A, 53C(1)(a), 68C, Pt 9
Supreme Court Act 1970 (NSW), s 75A(10)
Cases Cited: Barber v R; Zraika v R [2016] NSWCCA 125
Browne v Dunn (1893) 6 R 67
Clark v R [2010] NSWCCA 94
Crofts v The Queen (1996) 186 CLR 427; [1996] HCA 22
Curran v R [2017] NSWCCA 123
GAR v R (No 2) [2010] NSWCCA 164
Haile v R [2022] NSWCCA 71
Hamide v R [2019] 101 NSWLR 455; [2019] NSWCCA 219
Hoang v The Queen [2022] HCA 14; (2022) 96 ALJR 453
House v The King (1936) 55 CLR 499; [1936] HCA 40
Libdy v R [2021] NSWCCA 34
Medich v R [2021] NSWCCA 36; (2021) 390 ALR 398
Mikael v R [2015] NSWCCA 294
Moubarak by his tutor Coorey v Holt (2019) 100 NSWLR 218; [2019] NSWCA 102
Pratten…
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- AGLC
- Watson v R [2022] NSWCCA 208
- Case
- [2022] NSWCCA 208
- Decision Date
CaseChat Overview and Summary
The court examined the trial judge's decision to discharge the jury, noting that the trial judge must have had a reasonable apprehension that there was a risk of a substantial miscarriage of justice. The court reviewed the trial judge's findings in light of the standard of appellate review, which required an examination of whether the trial judge's findings were open to him or her. The court identified factual errors in the trial judge’s reasoning concerning the alleged breaches by jurors of the trial judge’s directions. The court also considered whether these alleged breaches were significant enough to warrant the discharge of the entire jury and whether they occurred on numerous occasions. The materiality of any alleged breaches was a crucial aspect of the court's review.
Ultimately, the court found that the trial judge's decision to discharge the jury was not supported by the evidence. The factual errors in the trial judge's findings, coupled with the lack of materiality in the alleged breaches, led to the conclusion that the trial judge's decision was not open to him or her. Consequently, the application for leave to appeal was granted, and the case was remitted to the trial court for a new trial.
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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