Higgins v R [2020] NSWCCA 109

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Higgins v R [2020] NSWCCA 109 Hearing dates: 13 March 2020, 18 May 2020 Date of orders: 11 June 2020 Decision date: 11 June 2020 Before: Leeming JA at [1] Harrison J at [3] Hamill J at [26] Decision: Appeal dismissed Catchwords: CRIMINAL LAW – where appellant convicted following a trial by jury – where Sheriff's report provided to trial judge following a complaint by a juror of potential juror irregularity – whether verdict should be set aside on basis of juror irregularity depriving appellant of a fair trial – where further Sheriff's report ordered – whether further Sheriff's report containing details of interviews with jurors revealed evidence of racist remarks or other derogatory comments about the appellant by jurors during the trial Legislation Cited: Criminal Code (Cth), ss 134.2(1), 145.1(1), 400.3 Jury Act 1977 (NSW) Cases Cited: CUR24 v DPP (2012) 83 NSWLR 385; [2012] NSWCA 65 Ebner v Official Trustee in Bankruptcy (2000) 205 CLR 337; [2000] HCA 63 Higgins v R [2018] NSWCCA 258 Johnson v Johnson (2000) 201 CLR 488; [2000] HCA 48 R v Higgins [2017] NSWSC 1257 Webb v The Queen (1994)181 CLR 41; [1994] HCA 30 Category: Principal judgment Parties: Melissa Jade Higgins (Applicant) Crown (Respondent) Representation: Counsel: D Dalton SC and N Carroll (Applicant) M McHugh SC and C Newman (Respondent)