R v Patterson (No 3) [2024] NSWSC 455

Supreme Court New South Wales

Medium Neutral Citation: R v Patterson (No 3) [2024] NSWSC 455 Hearing dates: 16 April 2024 Date of orders: 17 April 2024 Decision date: 17 April 2024 Jurisdiction: Common Law - Criminal Before: Dhanji J Decision: The application for a discharge of the jury is refused. Catchwords: CRIMINAL LAW – juries – application for discharge of jury – application precipitated by recent tragic events at Bondi Junction and Wakeley – media attention – media reports linking tragic event with mental illness and references to drug use – entitlement to a fair trial – jury will be exposed to expert opinions regarding the operation of mental illness and how a forensic patient is dealt with – accused's foreshadowed judge-alone application if jury is discharged ­– jury concerns – capacity to follow directions – question raised from a juror about a media article and whether permitted to show other jurors – counsel encounter with a juror – counsel in civilian clothes and without a wig – discharging the jury would be "an overly sensitive approach" – discharge would suggest a lack of trust in the jury system – no real risk established to the fairness of the trial – application refused Legislation Cited: Crimes Act 1900 (NSW) Criminal Procedure Act 1996 (NSW) Evidence Act 1996 (NSW) Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) Cases Cited: Crofts v The Queen (1996) 186 CLR 427; [1996] HCA 22 Ilievski v R; Nolan v R (No 2) [2023] NSWCCA 248 Miller v The Crown [2015] NSWCCA 206; 252 A Crim R 486 Patel v The Queen (2012) 247 CLR 531; [2012] HCA 29 R v Ahola (No 6) [2013] NSWSC 703 Category: Procedural rulings Parties: Rex (Crown) Jason Patterson (Accused) Representation: Counsel: K Ratcliffe (Crown) MP King (Accused)