NSW Caselaw
New South Wales Court of Criminal Appeal
CITATION: AGW v REGINA [2008] NSWCCA 81
HEARING DATE(S): 14 December 2007
JUDGMENT DATE: 15 April 2008
JUDGMENT OF: Grove J at 1; Hulme J at 29; Simpson J at 30
Appeal against conviction allowed DECISION: Conviction quashed New trial ordered
CATCHWORDS: CRIMINAL LAW AND PROCEDURE - Trial - Jury unable to agree - Strict compliance with statutory requirements before majority verdict may be taken - Failure to comply in this instance
LEGISLATION CITED: s55F Jury Act 1977
CATEGORY: Principal judgment
Black v The Queen (1993) 179 CLR 44 Jones v The Queen (1997) 191 CLR 439 M v The Queen (1994) 181 CLR 487 CASES CITED : R v Adams & anor 1968 52 Cr App R 588 R v Doherty 1999 3 VR 435 R v Rodriguez 1998 2 VR 167 R v VST 2003 6 VR 569 RJS v Regina [2007] NSWCCA 241
PARTIES: AGW - Appellant REGINA - Respondent
FILE NUMBER(S): CCA 2007/2779
COUNSEL: P Hamill SC (Appellant) P G Ingram (Respondent/Crown)
SOLICITORS: Legal Aid Commission (Appellant) Solicitor for Public Prosecutions (Respondent/Crown)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): 06/21/1021
LOWER COURT JUDICIAL OFFICER: Armitage DCJ
LOWER COURT DATE OF DECISION: 2 February 2007
IN THE COURT OF CRIMINAL APPEAL CCA 2007/2779
GROVE J HULME J SIMPSON J
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