TRIEU v R [2012] NSWCCA 169

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: TRIEU v R [2012] NSWCCA 169 Hearing dates: 9 February 2012 Decision date: 17 August 2012 Before: McClellan CJ at CL at [1] Johnson J at [2] Rothman J at [3] Decision: Leave to appeal refused. Catchwords: CRIMINAL LAW - Appeal - trial judge refused to discharge jury - jurors raised concern about person loitering near jury exit - no miscarriage of justice - trial judge directed jury appropriately - principle discussed. Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Cases Cited: Black v The Queen [1993] HCA 71, (1993) 179 CLR 44 Crofts v The Queen [1996] HCA 22; 186 CLR 427 El Hassan v R [2007] NSWCCA 148 House v The King (1936) 55 CLR 499 Maric v The Queen (1978) 52 ALJR 631 Munn & Miller [2006] NSWCCA 61 R v Glennon (1992) 173 CLR 592 Category: Principal judgment Parties: Hy Trieu (applicant) Regina (respondent) Representation: E. Ozen (applicant) M. Cinque (Crown) Benjamin & Leonardo Criminal Defence Lawyers (applicant) Solicitor for Public Prosecutions (Crown) File Number(s): 2009/186152 Decision under appeal Date of Decision: 2010-08-13 00:00:00 Before: Berman SC DCJ

Judgment 1MCCLELLAN CJ at CL: I agree with Rothman J. 2JOHNSON J: I agree with Rothman J. 3ROTHMAN J: The appellant, Hy Trieu, appeals his conviction on one count of robbery whilst armed with a dangerous weapon, contrary to s 97(2) of the Crimes Act 1900. Mr Trieu was convicted by a jury after a trial that lasted 7 days. 4The appellant raises only one ground of appeal, being, "That the trial judge erred in the exercise of his discretion in not discharging the jury". 5The proceedings at trial, given the nature of the ground of appeal, are more relevant than the allegations concerning the appellant's conduct giving rise to the offence. Nevertheless, I will summarise the allegations that gave rise to the offence before dealing with the circumstances of the applications for the jury to be discharged.