JT v R [2021] NSWCCA 223

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: JT v R [2021] NSWCCA 223 Hearing dates: 28 June 2021 Decision date: 15 September 2021 Before: Bathurst CJ at [1]; Rothman J at [137]; Garling J at [138] Decision: (1) Refuse leave under r 4.15 of the Supreme Court (Criminal Appeal) Rules 2021 (NSW) to rely on grounds 1 and 2(b) of the grounds of appeal. (2) Dismiss ground 2(a). Catchwords: CRIME – appeals – appeal against conviction – miscarriage of justice – evidence of vulnerable persons – warnings – where complainant gave evidence in the form of a recorded interview – whether trial judge failed to direct and warn the jury as to the effect of the replaying of the evidence of the complainant – where warning given immediately prior to the jury being provided with a transcript of the recorded interview – Criminal Procedure Act 1958 (NSW), s 306X CRIME – appeals – appeal against conviction – miscarriage of justice – majority verdict – directions to jury – perseverance direction – whether trial judge erred in directing the jury as to the availability of a majority verdict – whether a reasonable time had elapsed before the giving of the direction – whether trial judge had reached the requisite degree of satisfaction that the jury was unable to reach a unanimous verdict before the giving of the direction – Jury Act 1977 (NSW), s 55F Legislation Cited: Criminal Appeal Rules (1952 S1 2) (NSW) Criminal Procedure Act 1986 (NSW) Evidence Act 1977 (Qld) Jury Act 1977 (NSW) Supreme Court (Criminal Appeal) Rules 2021 (NSW) Cases Cited: Black v The Queen (1993) 179 CLR 44; [1993] HCA 71 Galvin v R [2006] NSWCCA 66; (2006) 161 A Crim R 449 Gately v The Queen (2007) 232 CLR 208; [2007] HCA 55 Hunt v R (2011) 81 NSWLR 181; [2011] NSWCCA 152 Ingham v R [2011] NSWCCA 88 Jarrett v R (2014) 86 NSWLR 623; [2014] NSWCCA 140 R v NZ (2005) 63 NSWLR 628; [2005] NSWCCA 278 RELC v R [2006] NSWCCA 383; (2006) 167 A Crim R 484 RJS v R [2007] NSWCCA 241; (2007) 173 A Crim R 100 Hanna v R (2008) 73 NSWLR 390; [2008] NSWCCA 173 Tabalbag v R [2016] NSWCCA 48; (2016) 258 A Crim R 240 Texts Cited: Nil Category: Principal judgment Parties: JT (Applicant) The Crown (Respondent) Representation: Counsel: S Kluss (Applicant) G Newton (Respondent)