HANNA v REGINA [2008] NSWCCA 173

Reported Decision: 191 A Crim R 302

New South Wales Court of Criminal Appeal

CITATION: HANNA v REGINA [2008] NSWCCA 173

HEARING DATE(S): Friday 23 May 2008

JUDGMENT DATE: 28 July 2008

JUDGMENT OF: James J at 1; Hoeben J at 24; Hall J at 27

DECISION: Allow the appeal against conviction. Quash the conviction in the District Court. Order that there be a new trial.

CATCHWORDS: CRIMINAL LAW - Appeal - Practice and Procedure - Majority Verdicts - Jury Directions - Preconditions for the application of s 55F Jury Act 1977 (NSW) - Giving of a majority verdict direction at the same time as giving a Black direction - Appeal allowed

LEGISLATION CITED: Jury Act 1977

CATEGORY: Principal judgment

Black v The Queen (1993) 179 CLR 44 CASES CITED : Regina v Forbes (2005) 160 A Crim R 1 Regina v Zoef [2005] NSWCCA 268 RJS v The Queen (2007) 173 A Crim R 100

PARTIES: Roger HANNA v REGINA

FILE NUMBER(S): CCA 2007/3205

COUNSEL: Crown: P Ingram App: J Hickleton/N Watson

SOLICITORS: Crown: S Kavanagh App: George Sten & Co

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S): 06/11/0385

LOWER COURT JUDICIAL OFFICER: Sweeney DCJ

LOWER COURT DATE OF DECISION: 15 June 2007

IN THE COURT OF CRIMINAL APPEAL 2007/3205

JAMES J HOEBEN J HALL J

MONDAY 28 JULY 2008 ROGER HANNA v REGINA Judgment 1 JAMES J: I have the benefit of reading in draft the judgment of Hall J and I agree generally with the reasons given by his Honour for the decision by the Court, which was announced at the conclusion of the hearing on 23 May 2008, that the appeal against conviction should be allowed and a new trial ordered. I wish, however, to make some remarks of my own on two matters.