R v Sloan (No. 2) [2022] NSWDC 499

District Court New South Wales

Medium Neutral Citation: R v Sloan (No. 2) [2022] NSWDC 499 Hearing dates: 20 October 2022 Date of orders: 20 October 2022 Decision date: 20 October 2022 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Grant the application that this jury be discharged Catchwords: CRIMINAL PROCEDURE — Application for stay of proceedings CRIMINAL PROCEDURE — Trial — Jury — Application to discharge jury CRIMINAL PROCEDURE — Trial — Jury — Discharge of whole jury Legislation Cited: Crimes Act 1900 Crimes (Domestic and Personal Violence) Act 2007 Criminal Appeal Act 1912 Evidence Act 1985 Cases Cited: RKF v The Queen [2016] NSWCCA 116 Category: Principal judgment Parties: Rex (Crown) Robert Sloan (Accused) Representation: Sean Hughes (Crown Prosecutor) Eugene Wasilenia (Counsel for the Accused)

Director of Public Prosecutions (NSW) (Crown) Criminal Defence Group (Accused) File Number(s): 2020/00315451 & 2021/00182538

REVISED EX TEMPORE JUDGEMENT on the application made on behalf of the accused, that this jury be discharged

INTRODUCTION 1. Robert Sloan, as he is now named, is before the Court for trial upon six counts. 2. Count 1 is a charge of stalking and intimidation contrary to s 13(1) Crimes (Domestic and Personal Violence) Act 2007. 3. Count 2, a charge of detention to obtain psychological advantage contrary to s 86(1)(b) Crimes Act 1900. 4. Count 3, use of an offensive weapon with intent to commit the offence of intimidation contrary to s 33B(1)(a) Crimes Act 1900. 5. Count 4, threaten to cause detriment, namely, injury to Tyron Smith in an attempt to influence that person to not attend as a witness in the current proceedings contrary to s 322(a) Crimes Act 1900. 6. Count 5, a charge in identical terms contrary to the same provision. 7. Count 6, the doing of an act with intent to pervert the course of justice contrary to s 319 Crimes Act 1900.