Higgins v R [2018] NSWCCA 258

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Higgins v R [2018] NSWCCA 258 Hearing dates: 31 October 2018 Date of orders: 21 November 2018 Decision date: 21 November 2018 Before: Hoeben CJ at CL at [1] Harrison J at [16] Schmidt J at [25] Decision: (1) The hearing of the appeal be adjourned.

(2) The Sheriff be directed to conduct a further investigation under s 73A of the Jury Act into the matters dealt with at [126] of this judgment.

(3) Following receipt of that report:

(a) A redacted copy of the report be provided to the parties; and

(b) Ms Higgins notify the Crown within 21 days as to whether she wishes to further press her appeal, in which event she should approach the Registrar to have the matter relisted for further directions and listing.

(4) If Ms Higgins does not seek to press her appeal further, that she notify the Court within 21 days, whereupon orders dismissing the appeal will be entered. Catchwords: CRIMINAL LAW – conviction appeal – 81 counts of fraud by obtaining a financial advantage from a Commonwealth entity, using forged documents and dealing in the proceeds of crime – where appellant convicted upon verdict of jury – where sheriff's report provided to trial judge regarding potential juror irregularity – whether sheriff's report into juror irregularity admissible – whether verdict of the jury should be set aside as it was reached through juror pressure, compromise of verdicts and time constraint pressures from exceeding trial estimate – whether verdicts should be set aside due to alleged juror bias depriving appellant of a fair trial – whether, if Court finds report inadequate, the sheriff should be ordered to conduct a further investigation into allegations of juror compromise and juror bias – additional sheriff's report ordered – appeal adjourned Legislation Cited: Bail Act 2013 (NSW), s 22 Criminal Appeal Act 1912 (NSW), s 12 Jury Act 1977 (NSW), ss 68A, 68B, 68C, 73A, 75C Jury Amendment Act 2004 (NSW) Racial Discrimination Act 1975 (Cth), s 18C Cases Cited: Anthony Hordern & Sons Ltd v Amalgamated Clothing and Allied Trades Union of Australia (1932) 47 CLR 1; [1932] HCA 9 Deputy Commissioner of Taxation v Dick [2007] NSWCA 190; (2007) 242 ALR 152 Lodhi v Attorney General of New South Wales (2013) 241 A Crim R 477; [2013] NSWCA 433 NH v Director of Public Prosecutions; Jakaj v Director of Public Prosecutions; Zefi v Director of Public Prosecutions; Stakaj v Director of Public Prosecutions (2016) 260 CLR 546; [2016] HCA 33 Petroulias v The Honourable Justice McClellan [2013] NSWCA 434; (2013) 306 ALR 210 R v Higgins [2017] NSWSC 1257 R v Higgins (District Court (NSW), Woodburne DCJ, 26 May 2017, unrep) R v Higgins (District Court (NSW), Woodburne DCJ, 31 May 2017, unrep) R v K (2003) 59 NSWLR 431; [2003] NSWCCA 406 R v Mirza [2004] 1 AC 1118 R v Skaf (2004) 60 NSWLR 86; [2004] NSWCCA 37 Smith v The State of Western Australia (2014) 250 CLR 473; [2014] HCA 3 Villis v R [2014] NSWCCA 74 Webb and Hay v The Queen (1994) 181 CLR 41; [1994] HCA 30 Category: Principal judgment Parties: Melissa Jade Higgins (Appellant) Regina (Respondent) Representation: Counsel: Mr D Dalton SC with Ms N Carroll (Appellant) Mr M G McHugh SC with Ms A Hawkins (Respondent)