Agelakis v R [2019] NSWCCA 71

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: Agelakis v R [2019] NSWCCA 71 Hearing dates: 29 March 2019 Date of orders: 29 March 2019 Decision date: 29 March 2019 Before: Hoeben CJ at [1] Garling J at [2] Hidden AJ at [35] Decision: (1) In the exercise of its power under s 73A of the Jury Act 1977, and such other jurisdiction as may be available in the administration of criminal justice, the Court requests the Sheriff to investigate whether one or more members of the jury which convicted the applicant of a charge under the Crimes Act 1900 in December 2016, may have engaged in improper conduct or else whether any irregularity or improper conduct occurred.

(2) Liberty to apply. Catchwords: CRIMINAL PROCEDURE — Trial — Jury — Investigation by Sheriff – whether NSW Court of Criminal Appeal has jurisdiction to order an inquiry under s 73A Jury Act 1997 – whether there is reasonable apprehension that jurors did not discharge their task impartially – jury member uploading to Facebook a potentially relevant opinion before verdict - jury member connected by marriage to complainant in earlier prosecution of applicant – jury member drinking partner of key witness Legislation Cited: Crimes Act 1900 Criminal Appeal Act 1912 Jury Act 1977 Cases Cited: R v Higgins [2018] NSWCCA 258 Lane v R [2017] NSWCCA 46 Lodhi v The Attorney-General of NSW [2013] NSWCA 433; (2013) 241 A Crim R 477 Petroulias v McClellan & Anor [2013] NSWCA 434;(2013) 85 NSWLR 463 R v Kaddour [2004] NSWCCA 361; (2004) 61 NSWLR 378 Texts Cited: Not Applicable Category: Procedural and other rulings Parties: Miki Agelakis (Applicant) Director of Public Prosecutions (Respondent) Representation: Counsel: J Paingakulan (Applicant) B Hatfield (Respondent)