R v LN; R v AW (No. 8) [2017] NSWSC 331

Supreme Court New South Wales

Medium Neutral Citation: R v LN; R v AW (No. 8) [2017] NSWSC 331 Hearing dates: 29 March 2017 Date of orders: 29 March 2017 Decision date: 29 March 2017 Jurisdiction: Common Law Before: Johnson J Decision: I decline the Crown application to discharge the absent juror. Catchwords: CRIMINAL LAW - murder trial - sick and absent juror - Crown application to discharge juror opposed by defence - whether juror should be discharged with trial to proceed with jury of 11 - trial well advanced and ahead of schedule - absent juror not discharged Legislation Cited: Jury Act 1977 Cases Cited: --- Texts Cited: --- Category: Procedural and other rulings Parties: Regina (Crown) LN (Accused) AW (Accused) Representation: Counsel: Ms MM Cunneen SC (Crown) Mr EW Wilson SC (LN) Ms A Moen (AW)

Solicitors: Director or Public Prosecutions (Crown) Legal Aid NSW (LN) Matouk Joyner Lawyers (AW) File Number(s): 2014/271972 (LN)2014/274229 (AW) Publication restriction: On 18 April 2017, each of LN and AW was found guilty of murder by the jury. The name of their daughter (described as "Mary") may not be identified by operation of s.15A Children (Criminal Proceedings) Act 1987, which also operates with respect to the names of LN and AW, the publication of whose names would tend to identify their daughter. The first name of the victim, Joseph or Joey, may be published.