R v Sloan (No. 3) [2022] NSWDC 511

District Court New South Wales

Medium Neutral Citation: R v Sloan (No. 3) [2022] NSWDC 511 Hearing dates: 25 October 2022 Date of orders: 25 October 2022 Decision date: 25 October 2022 Jurisdiction: Criminal Before: Bennett SC DCJ Decision: Additional peremptory challenge allowed with the consent of the Crown Catchwords: CRIMINAL PROCEDURE — Trial — Empanelment CRIMINAL PROCEDURE — Trial — Jury – Peremptory challenges Legislation Cited: Jury Act 1977 Category: Procedural rulings 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 1. When the jury were empanelled this morning in this trial, there were peremptory challenges made by each of the parties. The jury is of 15, this being a trial anticipated to exceed four weeks. Each of the parties was entitled to four peremptory challenges. Thereafter, counsel for the accused, quite inadvertently, challenged a fifth person called to the jury box. In response the Crown sought the opportunity to speak briefly with counsel, and thereupon gave consent to the further peremptory challenge. 2. I note s 42 Jury Act 1977, provides in subs (2), "Any number of peremptory challenges may be made if the Crown and all the persons prosecuted agree to the challenges". 3. In those circumstances, there was no difficulty created and the trial has proceeded.