R v James Moore [2014] NSWSC 1955

Supreme Court New South Wales

Medium Neutral Citation: R v James Moore [2014] NSWSC 1955 Hearing dates: 18 November 2014 Date of orders: 18 November 2014 Decision date: 18 November 2014 Before: Garling J Decision: Jury discharged Catchwords: CRIMINAL LAW – procedure – jury – member of jury had knowledge of witness – juror did not recognise name of witness when read out – whether juror should be discharged – s 53B(b) Jury Act 1977 – juror discharged – whether balance of jury should be discharged – s 53C Jury Act 1977 - early stage of trial – balance of jury discharged Legislation Cited: Jury Act 1977 Cases Cited: BG v R [2012] NSWCCA 139 Livesey v New South Wales Bar Association ([1983]) HCA 17; (1983) 151 CLR 288 Regina v M A Bright [2000] NSWCCA 258 Webb & Hay v R (1994) HCA 30; (1994) 181 CLR 41 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: Regina James Kevin Moore (Accused) Representation: Counsel: Mr McLennan SC (Crown) Mr C Smith SC (Accused)

Solicitors: Solicitor for Public Prosecutions (Crown) Legal Aid Commission of NSW (Accused) File Number(s): 2012/341616 Publication restriction: Not Applicable

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ex tempore Judgment

Jury Note 1. At about 11.45 this morning, 18 November 2014, during the course of the morning tea break on the second day of this trial, the Court received a jury note which has been marked for identification 1. It is in the following form: "I [name of juror] have known a witness that is at a trial which I am on the jury. He was a friend of my son and haven't seen him for about four to five years. When I heard the names of the witnesses I believed the person was female from the pronouncing of the name." 1. At the time that the jury note was received, Mr Taras Spahic, a young man of about 22 years of age, was giving evidence. I have taken the jury note, as have both counsel, to be referring to Mr Spahic as the witness to whom the jury member was referring to.