R v Tembeleski (No 2) [2024] NSWDC 504

District Court New South Wales

Medium Neutral Citation: R v Tembeleski (No 2) [2024] NSWDC 504 Hearing dates: 24 September 2024 26 September 2024 30 September 2024 1 October 2024 2 October 2024 3 October 2024 8 October 2024 9 October 2024 10 October 2024 14 October 2024 Date of orders: 14 October 2024 Decision date: 14 October 2024 Jurisdiction: Criminal Before: Montgomery DCJ Decision: The whole jury be discharged. Catchwords: CRIMINAL PROCEDURE — Trial — Jury — Discharge of individual juror — Disobey directions against research — Bring a legal dictionary into the jury room CRIMINAL PROCEDURE — Trial — Jury — Discharge of whole jury — Disobey directions to report irregularities and risk of a substantial miscarriage of justice CRIMINAL PROCEDURE — Trial — Jury — Examination of jurors CRIMINAL PROCEDURE — Trial — Jury — Irregularities — A legal dictionary on jury room table for seven days and referred to in jury discussions Legislation Cited: Crimes Act 1900 (NSW), s 115A Jury Act 1977 (NSW), ss 19, 22, 53A(1)(c), 53A(2)(a), 53A(2)(b), 53C, 68C(1), 68C(4), 68C(5)(b) Cases Cited: Director of Public Prosecutions v Lehrmann (No 5) [2022] ACTSC 296 Hoang v The Queen (2022) 276 CLR 252 Category: Procedural rulings Parties: Rex (Crown) Jason Tembeleski (Accused) Representation: Counsel: Mr Will Tuckey (Crown) Ms Leah Rowan (Accused)