Bahrami v R [2017] NSWCCA 8

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Bahrami v R [2017] NSWCCA 8 Hearing dates: 21 November 2016 Date of orders: 13 February 2017 Decision date: 13 February 2017 Before: Hoeben CJ at CL at [1]; R A Hulme J at [2]; Schmidt J at [89] Decision: Appeal against conviction dismissed. Catchwords: CRIMINAL LAW – appeal against conviction – jury irregularity – juror sends note indicating "bullying" – no investigation of substance of juror's note – juror subsequently fails to attend court –juror discharged – trial continued with reduced number of jurors – whether error in not investigating whether juror(s) guilty of bullying – whether error in asking balance of jurors to self-assess ability to properly perform duty as juror – whether error in not applying test in Webb v The Queen; Hay v The Queen (1983) 181 CLR 41 – significance of stance adopted by appellant at first instance – no error of law or miscarriage of justice Legislation Cited: Criminal Appeal Act 1912 (NSW) s 6(1) Jury Act 1977 (NSW) ss 53A, 53B, 53C, 73A Cases Cited: Black v The Queen [1993] HCA 71; 179 CLR 44 Elomar v R; Hasan v R; Cheikho v R; Cheikho v R; Jamal v R [2014] NSWCCA 303 R v Spilios [2016] SASCFC 6 Smith v State of Western Australia [2014] HCA 3; 250 CLR 473 Webb v The Queen; Hay v The Queen [1983] HCA 30; 181 CLR 41 Wu v The Queen [1999] HCA 52; 199 CLR 99 Category: Principal judgment Parties: Said Mir Bahrami Regina Representation: Counsel: Mr T Game SC with Mr I Nash (Appellant) Mr S Flood (Crown)