R v Radju [2001] NSWCCA 103

Reported Decision : 121 A Crim R 403 53 NSWLR 471

New South Wales Court of Criminal Appeal

CITATION : R v Radju [2001] NSWCCA 103 FILE NUMBER(S) : CCA 60713/00 HEARING DATE(S) : 19 March 2001 JUDGMENT DATE : 19 March 2001

PARTIES : Regina Wartha Radju JUDGMENT OF : Giles JA at 49; Wood CJ at CL at 1; Simpson J at 48

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 95/11/1015 LOWER COURT JUDICIAL Shadbolt DCJ OFFICER :

COUNSEL : Crown: W.L. Robinson QC Appellant: G D Wendler SOLICITORS : S E O'Connor CATCHWORDS : CRIMINAL LAW - appeals - appeal against conviction - obtaining a valuable thing by deception - fundamental failure of procedure - failure to give express orders for discharge of juror - failure to give express order for separation of jury LEGISLATION CITED : Crimes Act 1900 s 178 BA Jury Act 1977 ss 22, 54 DECISION : Leave to appeal granted. Appeal dismissed. Convictions and sentence confirmed.

IN THE COURT OF CRIMINAL APPEAL

No. 60356 of 2000 GILES JA WOOD CJ at CL SIMPSON J 19 March 2001 Regina v Radju

JUDGMENT

The appellant was found guilty of three counts of obtaining a valuable thing by deception, contrary to s 178BA Crimes Act 1900. During the trial one of the jurors requested permission to withdraw from jury duty. The trial judge discharged the juror and informed the jury that one of their number had been discharged. No formal order was sought by trial counsel. At the end of the summing up, the trial Judge indicated that if the jury was unable to reach a decision that day they should notify the Sheriff's Officer that no verdict had been reached and leave without returning to the Court. They could then resume their deliberations the next morning.