Curran v R [2017] NSWCCA 123

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Curran v R [2017] NSWCCA 123 Hearing dates: 2 June 2017 Date of orders: 02 June 2017 Decision date: 02 June 2017 Before: Beazley P; R A Hulme J; Fagan J Decision: (1) Pursuant to s 7 of the Court Suppression and Non-publication Orders Act 2010 (NSW) the Court orders that there is to be no publication of any information that may tend to identify the applicant in these proceedings until proceedings involving a jury are concluded in the District Court. This order is made on the ground that it is necessary in order to prevent prejudice to the proper administration of justice.

(2) Application for leave to appeal pursuant to s 5G of the Criminal Appeal Act 1912 (NSW) is granted.

(3) Appeal allowed.

(4) The decision of his Honour Berman SC DCJ of 1 June 2017 to discharge the jury is vacated.

(5) The matter is remitted to the District Court for continuation of the trial. Catchwords: CRIMINAL LAW – application for leave to appeal under the Criminal Appeal Act 1912 (NSW), s 5G – discharge of jury by trial judge – Crown proposed to change case during the course of trial – trial judge found that it would not be fair to confine Crown to case initially presented – whether trial judge erred in exercising discretion to discharge jury in these circumstances Legislation Cited: Criminal Appeal Act 1912 (NSW), s 5G Cases Cited: Barber v R; Zraika v R [2016] NSWCCA 125 Crofts v The Queen (1996) 186 CLR 427; [1996] HCA 22 House v The King (1936) 55 CLR 499; [1936] HCA 40 Qing An v R [2007] NSWCCA 53 R v Bartle [2003] NSWCCA 329 Category: Principal judgment Parties: Joseph Paul Curran (Appellant) Regina (Respondent) Representation: Counsel: G Turnbull SC; G O'Mahoney (Appellant) E Balodis (Regina)