R v Azari (No 9) [2018] NSWSC 1678

Supreme Court New South Wales

Medium Neutral Citation: R v Azari (No 9) [2018] NSWSC 1678 Hearing dates: 17 and 18 October 2018 Decision date: 18 October 2018 Jurisdiction: Common Law - Criminal Before: N Adams J Decision: (1) The accused's application to discharge the jury under s 53C(1)(a) of the Jury Act 1977 (NSW) is dismissed.

(2) In accordance with ss 53C(1)(b) and 22(a)(i) of the Jury Act 1977 (NSW), the trial is to continue with a jury of 11. Catchwords: CRIMINAL LAW – application to discharge jury – where Crown witness communicated that he recognised a juror – where the name given by the witness matched the name of the juror – where the juror was examined and denied knowing the witness - where the juror was discharged under s 53B(b) of the Jury Act 1977 (NSW) on the basis of reasonable apprehension of bias – whether the remaining jury members should be discharged under s 53C(1)(a) of the Jury Act – whether continuing with the jury poses a substantial miscarriage of justice Legislation Cited: Criminal Appeal Act 1912 (NSW), s 6 Evidence Act 1995 (NSW), s 184 Jury Act 1977 (NSW), ss 22, 53A, 53B, 53C, Pt 7A Cases Cited: Crofts v The Queen (1996) 186 CLR 427; [1996] HCA 22 Hoang v R [2018] NSWCCA 166 Kalbasi v Western Australia (2018) 352 ALR 1; [2018] HCA 7 Khazaal v The Queen (2011) 265 FLR 276; [2011] NSWCCA 129 Miller v The Queen (2015) 252 A Crim R 486; [2015] NSWCCA 206 R v Popovic; R v Koloamatangi (No 3) [2017] NSWSC 1110 R v Qaumi (No 36) [2016] NSWSC 718 Category: Procedural and other rulings Parties: Regina (Crown) Omarjan Azari (Accused) Representation: Counsel: L Crowley with B Power (Crown) B Hughes SC with M Curry (Accused)