Carr v R [2015] NSWCCA 186

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Carr v R [2015] NSWCCA 186 Hearing dates: 9 July 2015 Decision date: 09 July 2015 Before: Basten JA at [1], [26]; McCallum J at [24]; R A Hulme J at [25] Decision: (1) Grant leave to appeal.

(2) Appeal dismissed.

(3) The applications to amend by the other applicants also dismissed. Catchwords: APPEAL – criminal – application to discharge juror – application refused – whether misconduct of juror – application for leave to appeal convictions

JURY – application to discharge – misconduct by juror – bringing newspaper clippings of reports of trial into jury room – reading newspaper reports – whether conduct involved making a prohibited inquiry – whether inference that juror had searched internet – whether juror should have been discharged

JURY – questioning foreperson on oath – denial of searching internet – other jurors asked to send note to judge – adequacy of inquiry of jurors Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5(1) Jury Act 1977 (NSW), ss 53A, 53C, 68C Cases Cited: Regina v Pearson [2000] NSWCCA 149; 114 A Crim R 80 Webb v The Queen (1994) 181 CLR 41 Category: Principal judgment Parties: Bradley Keith Carr (Applicant) The Queen (Respondent) Representation: Counsel: I A Todd (Applicant) N J Adams (Respondent)

Solicitors: Zahr & Zahr Lawyers (Applicant) Solicitor for Public Prosecutions (Respondent) File Number(s): 2011/259866 Decision under appeal Court or tribunal: District Court Jurisdiction: Criminal Date of Decision: 29 November 2013 Before: Garling ADCJ File Number(s): 2011/259866