GAGE v REGINA [2006] NSWCCA 14

New South Wales Court of Criminal Appeal

CITATION: GAGE v REGINA [2006] NSWCCA 14

HEARING DATE(S): 1 February 2006

JUDGMENT DATE: 10 February 2006

JUDGMENT OF: Giles JA at 1; Howie J at 59; Hoeben J at 60

DECISION: Appeal dismissed.

CATCHWORDS: Convictions for supply of amphetamines - juror discharged because might have seen accused at his place of work - jury then discharged, returned to panel and fresh jury chosen - whether reasonable apprehension of bias on part of fresh jury - no reasonable apprehension - whether verdict on one of the counts unsafe - on analysis of evidence, open to jury to be satisfied of guilt beyond reasonable doubt - whether miscarriage of justice in failure to discharge jury after possibly prejudicial evidence of dealing in other drugs - judge in best position to decide how to deal with the evidence - not later expressly referred to - direction to put aside any question of dealing in other drugs - no miscarriage - whether miscarriage of justice because counsel unprepared or failed to act on accused's instructions in conduct of defence - no deficiency which might have affected outcome of trial.

Ali v The Queen (2005) 214 ALR 1; M v The Queen (1994) 181 CLR 487; CASES CITED: R v K (2003) 59 NSWLR 431; R v Skaf [2004] NSWCCA 37; TKWJ v The Queen (2002) 212 CLR 124; Webb v The Queen (1994) 181 CLR 41.

PARTIES: Kenneth James GAGE v REGINA

FILE NUMBER(S): CCA 2005/1642

COUNSEL: T Watts - Appellant W Dawe QC - Crown

SOLICITORS: Burston Cole & Co - Appellant S Kavanagh - Crown

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): DC 02/21/3442