Le v R [2012] NSWCCA 202

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Le v R [2012] NSWCCA 202 Hearing dates: 17 August 2012 Decision date: 14 September 2012 Before: McClellan CJ at CL at [1] Hall J at [2] R A Hulme J at [3] Decision: Leave to appeal refused Catchwords: CRIMINAL LAW - procedure - juries - discharge and excusing from attendance - individual jurors - continuation of trial with reduced number of jurors JURY - the jury in criminal proceedings - general matters - discharge of individual juror - continuation of trial with reduced number of jurors CRIMINAL LAW - appeal and new trial - objections or points not raised in court below - decisions of trial judge supported or not opposed by trial counsel Legislation Cited: Criminal Appeal Rules Jury Act 1977 Jury Amendment Act 2008 Cases Cited: BG v R [2012] NSWCCA 139 Evans v The Queen [2007] HCA 59; (2007) 235 CLR 521 House v R [1936] HCA 40; (1936) 55 CLR 499 R v Fowler [2003] NSWCCA 321; (2003) 151 A Crim R 166 Wu v The Queen [1999] HCA 52; (1999) 199 CLR 99 Category: Principal judgment Parties: Huu Hong Le (Applicant) Regina (Respondent) Representation: Counsel: Mr G Wendler (Applicant) Ms S Dowling (Crown) Solicitors: Audix Legal Solicitor for Public Prosecutions File Number(s): 2009/241755 Decision under appeal Jurisdiction: 9101 Date of Decision: 2010-12-10 00:00:00 Before: Sweeney DCJ File Number(s): 2009/241755