R v Jones [2024] NSWCCA 236

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v Jones [2024] NSWCCA 236 Hearing dates: 11 December 2024 Date of orders: 11 December 2024 Decision date: 11 December 2024 Before: Harrison CJ at CL; Davies J; Rigg J Decision: (1) Grant leave to Mr Jones to rely upon an amended notice of appeal to add a fifth ground raising a failure by the trial judge to comply with s 55F(2)(b) of the Jury Act 1977. (2) Direct Mr Jones to file in the Registry within 7 days an amended notice of appeal to include the fifth ground. (3) Allow the appeal and quash the conviction. (4) Order that there be a new trial. (5) Stand the matter over to the arraignments list in the District Court on 20 December 2024 at 9.30am. (6) Grant bail subject to conditions as varied by consent. Catchwords: CRIMES – appeals – appeal against conviction – trial not according to law – majority verdict – failure to examine juror under oath on the likelihood of reaching a unanimous verdict pursuant to s 55F(2)(b) Jury Act 1977 (NSW) – appeal allowed Legislation Cited: Crimes Act 1900 (NSW), s 61I Criminal Appeal Act 1912 (NSW), s 5 Jury Act 1977 (NSW), s 55F Category: Principal judgment Parties: Luke Steven Jones (Applicant) Crown (Respondent) Representation: Counsel: M White with E Renard (Applicant) S Traynor (Respondent)

Solicitors: Legal Aid NSW (Applicant) Office of the Director of Public Prosecutions (Respondent) File Number(s): 2021/306400 Publication restriction: Nil Decision under appeal Court or tribunal: District Court of NSW at Orange Jurisdiction: Criminal Date of Decision: 21 August 2023 Before: Judge Musgrave File Number(s): 2021/306400